Backup Documents 01/27/2009 Item #16B 7
MEMORANDUM
Date:
March 2, 2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #09-5108: Annual Contract for Concrete
Sidewalk and Curb Maintenane
Contractor: B.Q. Concrete
Enclosed is one original contract, referenced above (Agenda Item
#16B7), approved by the Board of County Commissioners on Tuesday,
January 27, 2009.
The second contract will be kept in the Minutes and Records Department
as part of the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure (I)
1687
MEMORANDUM
1687
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE: February 24,2009
RE: Review of Insurance for Contract: #09-5108 "Annual Contract for
Concrete Sidewalk and Curb Maintenance"
Contractor: B.Q. Concrete
This Contract was approved by the BCC on January 27, 2009; Agenda Item
16.B.7
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
dod/RC
C: Mark Rothenberger, Road & Bridge
DATE RECEIVED
FEB 2 5 2009
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A G R E E MEN T 09-5108
1687
for
Annual Contract for Concrete Sidewalk and Curb Maintenance
THIS AGREEMENT is made and entered into this 27th day of January, 2009, by and between the
Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and BQ Concrete, LLC authorized to do
business in the State of Florida, whose business address is 48 Wickliffe Drive, Naples, FL 34110
(hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one year (1) year period, commencing upon
award of the contract, and terminating one year from date of award, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed. This contract shall have three one (1) year renewals, renewable annually. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and
conditions contained in this Agreement for up to one hundred eighty (180) days. The County
Manager, or his designee, shall give the Contractor written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Concrete Sidewalk and Curb Maintenance on an as-needed
basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-
5108 and the Contractor's proposal, which is incorporated by reference and made an integral part
of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor
that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and
obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement and that procedure during the term and any
extension of the term of this Agreement.
Prior to the issuance of a Work Order, the Owner shall provide a summary of Work to be
performed which will afford the Primary Contractor the opportunity to submit a formal quotation for
the Work; the Contractor shall respond with the information sought within seven (7) working days.
If the primary Contractor cannot provide requested services within the timeframe specified by the
Project Manager, then the Secondary Contractor will be contacted for a quotation.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement
pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of
any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit
a copy of the appropriate pages from said price list with the invoice for the non-bid items.
Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager
or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the
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"Local Government Prompt Payment Act". Any County agency may utilize the services offered
under this contract, provided sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
BQ Concrete, LLC
48 Wickliffe Drive, Naples, FL 34110
239-262-7320 Telephone
239-594-5351 Fax
Buddy Quarles, President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
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or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows: / ..y\.'--
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,0~~,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
/
B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
J
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $1 ,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and
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employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12.
A.
BONDS.
When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a
security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute another bond and surety, both of which shall be subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "B" as a condition precedent to release of each progress payment.
All applications for payment, whether for full payment or a progress payment shall be in
writing, and in substantially the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of
Contractor to Owner, whether relating to or arising out of this Agreement or any other
agreement between Contractor and Owner.
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1687
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16.
A.
CONTRACT TIME AND TIME EXTENSIONS.
Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, and the coordination
of Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
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Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing.
19. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
22. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
CONTRACTOR shall employ people to work on COUNTY projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, CONTRACTOR
shall supply competent employees who are physically capable of performing their employment
duties. The COUNTY may require the CONTRACTOR to remove an employee it deems
careless, incompetent, insubordinate or otherwise objectionable and whose continued
employment on Collier County projects is not in the best interest of the County.
23. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
24. PROTECTION OF WORK.
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A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred
by Owner associated therewith.
25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
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make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
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1687
28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Road and Bridge Maintenance Department.
29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 09-5108, any
addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
30 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
32. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
33. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
34. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
36.
AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
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16B7
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
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BOARD OF COUNTY COMMISSIONERS
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Page -10-
EXHIBIT A
PUBLIC PAYMENT BOND
16B7
Bond No.
Contract No. 09-5108
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at _
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
Page -11-
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
1687
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of
,~ ~
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
20_, by _
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -12-
As Attorney in Fact
(Attach Power of Attorney)
1687
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20___, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -13-
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
1687
Bond No
Contract No 09-5108
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page -14-
1687
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this
20_, the name of each party being affixed and these presents
undersigned representative, pursuant to authority of its governing body.
day of
duly signed by its
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by ,as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -15-
16B7
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20____, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -16-
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
1687
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and its
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
20_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all
charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or
for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seall
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 20_, by
of , a
corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -17-
1687
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Bid No. 09-5108
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION $
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been
paid for work which previous payments were issued and received from the OWNER and that current payment is now due;
(4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the
revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
Page -18-
(Signature) DATE
(Type Name and Title)
EXHIBIT D
CHANGE ORDER
1687
CHANGE ORDER NO.
CONTRACT NO. 09-5108
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
.20_
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now <-) calendar days. The substantial completion date is and the
final completion date is Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a
full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and delay costs.
Accepted:
.20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
1687
EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -20-
1687
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20
OWNER
By:
Type Name and Title
Page -21-
1687
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page -22-
1687
The following warranty is attached to and made a part of this Certificate:
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page -23-
1687
EXHIBIT G
WARRANTY
In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -24-
, 2/5/2009 11:02
Lion Insurance
1.I0N INSURANCE COMPANY -HOLI.IER COUNTY
16a7
Date
CERTIFICATE OF LIABILITY INSURANCE 2/512009
Producer: Lion Insurance Company This Certificate Is Issued as a matter of Information onlv and confers no rtghts
2739 U.S. Highway 19 N upon the Certificate Halder. This Certificate does not amend, extend or alter
Holiday, FL 34691 the coverage afforded by the policies below.
727-938-5562 Insurers Affording Coverage NAIC IV
Insured: South East Personnel Leasing, Inc Insurer A: Lion Insurance Company .J.1075"
2739 U.S. Highway 19 N, InsurerB: /
Holiday, FL 34691 InsurerC:
InsurerD:
InsurerE:
Coverages
The policies of insurance listed below have been issued to the Insured named above lor t'le pol cy period indicated Notwittlstanding any requirement, term or condition of ,my contract or ott'er document wth respect to which
th,s certificate may be issued or may pertain, the insuranca afforded bylhe pohcies descnbed herein is subjeclto all thelerms, exclusions. and condi:ions of such policies Aggregate hmils shown may haw been recluced b~
paid claims
INSR ADDL Type of Insurance Policy N IJYlber Policy Effective Policy Expiration Date limits
lm INSRD Date
(M MIDONY) (MMIDONY)
ENERAL UABILlTY Each Occurrence .
Commercial General liability Damage to remed premises (EA
] Claims Made 0 Occur occurrence) .
M~dExp .
Personal Adv Injury .
eneral aggregate limit applies per:
] Folicy DproJec 0 General Aggregate .
LOC
Products _ ComplOp Agg .
UTOMOBILE LIABILITY CombinecSlngleLir.lit
(EAAwdem) $
P,nyALJlo
Bodirylnjury
All OwnedALJlos
(PerPersonj $
Scheduled Aulos
HredAutos Bodily Injury
r-oi"f-OwnedAutos (PerAcciderll) .
Property Damage
(Per Accidont) $
EXCESSIUMBRELLA LIABILITY Each Occurrence
i~''"' DCl8illSM8de Aggregate
Deduchble
A Workers Compensation and WC 71949 01/0112009 01101/2010 X I rvC Statu- I I ~~H-
Employers' liability torvLimits
Any proprietor/partner/executive officerlmember E.l Each Accident $1,000,000
excluded? E.L. Disease - Ea Employee $1,000,000
If Yes, describe under special provisions below. E.L. Disease - Policy Limits ~1,~,,000
Other Lion Insufllnce ComPllny is A.M. Best ComPllny fated A- (Excellent). AM E # 126161
Descriptions of Operatlons/LocaUonslVehlclesfExcluslons added by Endorsement/Special Provisions: Client ID: 41-651750 ", ,.//
Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. that are leased to and working for the following "Client Com ~
B.Q. Concrete, L.L.C.
Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. active employee(s) , while working in Florida.
Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity.
A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562.
REFERENCE: BID #09/5108' FAX: 239-594-5351 & 239-252-6700 IISSUE 04-14-08 (TO) 1 REISSUE 05-16-08 (TO) 1 REISSUE 11-24-08 (NM) 1 REISSUE
11-26-08 (TO) 1 REISSUE 02-05-09 (CF)
BF'Oln Date 3/29/2007
CERTIFICATE HOLDER CANCELLATION
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Should (lny of lhCl above de~cribed pOlicies be cancelied beforelhe expiration datethereol, the issuing insurer will
eooeavortorr,8ij30dayswnnennolicetothe:ertificatohcldernanedtotheleft,b~failuretodososhallimposeoo
ol)lgallon or liability of arryklnj upon the msurer, its agen15 orreproson talives
3301 TAMIAMI TRAIL EAST, BLDG. G ~ ~..---
NAPLES FL 34112
~
lp
FEB-06-2009 08:43 From:
To: 12392526700
l~B/y
I
,ACDIjQ.. CERTIFICATE OF LIABILITY INSURANCE , DATE (MMIDDIYY)
02106109
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BOtbolla lnsutance Agencie!l ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
320 Sevilla Awnuu. Suite #- 202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Coral Gabl... FL 33134
INSURERS AFFORDING COVERAGE
INSUItl!.D INSURIORA: AII.tote In., "an(;!lj&.ffillilnv C J.O,1._
BO Concrete, LLC INSURER B:
48 Wickliffe Drive INSURER C:
Napl.., FL 34110-1332 ..!NSURER 0:
, INSURER E:
COV"RAGES
TH. POLICIOS OF INSURANC. ~ISTEO eElOW HAV. BEEN ISSU.O TO TH.INSUR.O NAM.O AIlO,," FOR TH. POLICY P.RIOD INDICATED. NO'TWITHSTANOING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RI;SPECT TO WHICH THIS ceRTIFICATE MAY BE ISSUEO OR
MAY PE~TAIN, THE INSl.IAANCE: AFFOROl:D 6V THE POLICIES CE:SCRIBE:D HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POl.ICI~S. AGGREGATE LIMITS SHOWN MAY HAV~ BEEN ...~OUC.D By PAID CLAIMS.
~~!l TYPE Of' INSURANCE POLICY NI,I"~EFl ._no_. "POi..'ICY'EFFEClTlIiE" 'F>Ouc:y"liXpilUi'i:)ir-- ,.--- LIMITS
J..5Lgj~L LlAlIlUTY l:J\CH OCCUHHt!NCl: . ..---
--
COI,IIMERCIAL CENE~ LIABfl.1TY rlRC DAMAGe An" QrI0 fire . --
-- ." I CLAIMS MAtlF. [;(] OCC(,lR MED EXP IAnv ur'OI ''''"lOl"1\ . --
"- PERSONAL &AOV INJURY .
I GENERAL AGGREGATE .
nL AGG~nEiL1MJT AF'f~Er, PER: ~R.~~'J'S - COMF'IOP AC;G S
~y PR~ LOC
~UTOMODIU! l..JAIllLlTY 048912427 COMBIN!;:D SINGl!;: I,.IMIl S 20QO,090 I
"- ~y AUTO 07118/2008 07/18/2009 (EIl~<..I...'I)
"- I\I...L OWNED AL1T03 BOOIL Y INJURY
.
~ SCHEDULED AL1T03 (Pefperilon)
- .".
- HIRED AVTDS BQOIL Y INJURY
.
NON-OWNEO Al)TOS (Per~~nt)
._-,..
, f>ROf>~RTY t'JAMAC'>F .
, (Perlloodenl)
.-=raE ,~.~ , AUTO ONLY - EA A.C~~l?ENT .
N4Y AUTO OTI-l~R TI-lAN ~. .S
, --
AUTO ONL V: AGG S
EXCESS LIABILITY EACH OCCURR~C~ .
-.:J"OCCI.IR U CLAIMS MAOE .--
i AGGREGATE . 0-
!
! , _.
~~FnLJrn'II\lF I
--
RET!;:NTION S .
WOAKmtS eOMPm.lUTION AND ' [,WC61AW-.1 OTH-
fMPLOY!!"S' UA&ILITV ;_ TORy. 101M ,
! C.L. CAell I\CClOtNT .
E.L DISEASE - fA ~MPLOy'1! .
~,I.,Dl5EA6E-POLlCYLlMlT i .
O>HER
OESCRI5'TlON OF Ol'ERATlON!JIl.O(;ATIQNSlVliKlCLliS/lilXCLUSIC>>lS ADDeD BY ENDOR8EMENTJBPEClAL. PRQVISIONS
CERTIFICATE HOLDER I I APOJT1QNAL INSUR.i:D' IN'SURER l~TT!R: CANCELLATION
Collier County Board Of County Commissionars SHOULD ANY OF THE ABOVE t1ESCRIBED POllCI!!S 1!Il! CANCI!LLID .ru::~ORe. Tl11:; U:PlRATION
(239) 252-6700 DATE THEREOV, THI! ISSUING IN:llilJRli!fi1 W11..\. ENDeAVOR TO MAIL ~ CA....s WRrTn;N
NOTICE TO THE CeRTIFICATE HOLDER. NAMI!D TO THE u!l'T, BUT FAfL.l,lRE TO gO so SHAll
IMPOSE NO OBLIGATION OR LIAIiIIL.lTY OF ANY KINO UPON THE!. INSURI.R. lit; A"NTlJ OR
NEPRE5ENTAnVES.
, AUTHOR",O REPREOENTATIVE ?fIll" . II ~
ACORD 25-8 (7197) lJ Q A RD RPORA TION 1988
.J
J687
Feb 20 2009 3:30PM
PARLIN INSURANCE
239 263 8696
p.I
PoBey Humber. 80SJ0002256
Da'" Emerell: ~/1/20D7
D,A1WlIlllllDao"l"'n'YJ
CERTIFICATE OF LIABILITY INSURANCE
INlUIUIQ
Par in Inau.ranoe .r.g.n.ay
JilQ Boa 35fUl91 Bonita Spz:ing.,
24520 h:'Oduo"tion Cr., '4
Bonita Bp%'inq., 1fL 3413!
Poone: (239) 263-314],
Fax: (239) 263-8696
BQ CONCRlift XNC.
BUDO~ ~s
4a WICKLX7IZ DR.
NAPL&S, :rL 3&110
rL 34136
21 S/2COg
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
ONL V AND CONFERS NO RIGHtS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEIIJ OR
ALTER THE COVERAGE AFFORDI!!D BY THE POUCIES BELOW.
PROOUCliIll.
INSURERS AFFORDING COVERAGE
INSUf'lIel't",llI~'fJ6'OJ:RTI: DUI. co.
t4SUFlEA9:
INSURiR c;
IttSUFlE~O;
IHGURER ~:
NAlCiI
COVERAGES
THE POUCIE5 OF INSURANCE lISTED BELOW tlAVE BEEN ISSUED TO THe INSURED NAMED PBCNE FOR THE POLICY PERtOO INDlCATED_ NOTvVlTHSTANOING
ANY REQUIREMENT, TERM OR CONDITION OF NlY CONTRACT OR Q'THER DOCUMeNT WITH RESPECT TO WHICH nus CERTIFICATE MAY BE ISSUED OR
",y PERTAINJ.. me INSURANCE AFfORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, exCLUSIONS ANO CONDITIONS OF SUCH
I ~~AQ"REGATE UMrrS SHOWN.....V HAVE BEEN REDUCED BVPAID CLAIMS.
POLICY ~1Il fIOUOY .lIfCTIVIii POLJe'Y ElPIIIAllON L'*"
,,!.!NIIJlAL UA8lL1TY ! ~CURRENcE $1, 000,000
A X ~t-92-"MeItC~LGEtERALl.lAESILrTY 8090002256 3/2B/2008 3/28/2COg ~ s100,OOO .,-
"........,t-::-=,.CLAIh.l'SIJ.A.D!".[Z] OCCUlt MIiDEXP(An o..-ncn ,5,000
X LIMITS AR.Z AS P€RSQN,o.,L&ADVHJURY $1.,000,000
OF INCEP'l'ION GENERAL AOOpillEGATE ,2,000,000
PROOUC'1"S _ COMPlQll' Aoo .2, 000 , 000
~L""GGR~~..rrAP~SPER:
IX1~otICyl I~#; I [LOe
~OMO.U L1A"un
fo.NYAUTO
COMBIIJED SINGLE LIMIT
(EIoMlClaenl)
I,
I
l-
I-
I-
-
ALL O'NNED "UT05
SCHEDULED AUTOS
rllREO AUTOS
NON-OWNED ....UT06
BODilY INJURY
, (Per peROn)
,
BOOll y ~,JUR'1
(p...-.cd~l
,
-~_..-
PROPERTY D......AGE
" (Pw.eddenl)
09-012S
3/28/2010
.A.UTDONL'1.EAACCD~l'lT S
eA Ace $
AOO ,
Sl,OOO,OOO
,
"
,
OTHER Tt-l/Il.N
AUTO ONlY:
~O. UMILITV
--1 N-JV.-.UTO
A
~cn., u..RmLott UA....TY
X .61 OC::UR 0 Cl..ANS WOE
---, OEDUCTIBl.--IO
I ~ETENnOI'4 $
WORKmlla COW'&NeATION
,QID_IlU)nQ'LUl..UTY '(/M
.IlN1' PROPRIE!TORlPARTPERIEXECUTIoJE 0
OFl"lCaftl...""ER EXCLUDeD?
{......tll~ In NHI
~~~:"~Ov~~NS bebw
D..-
2/20/2009
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MEMORANDUM
Date:
March 16, 2009
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #09-5108: "Annual Contract for Concrete
Sidewalk and Curb Maintenance"
Contractor: Design Build Engineers & Contractors,
Corp.
Enclosed is one original contract, referenced above (Agenda Item
#16B7), approved by the Board of County Commissioners on Tuesday,
January 27, 2009.
The second contract will be kept in the Minutes and Records Department
as part of the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure (1)
1687
1687
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
~rL~ z:;-
DATE: Fe.b.f! Itar)'-41": 2009
RE: Review of Insurance for Contract: #09-5108 "Annual Contract for
Concrete Sidewalk and Curb Maintenance"
Contractor: Design Build Engineers & Contractors, Corp.
This Contract was approved by the BCC on January 27, 2009; Agenda Item
16.B.7 .
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
dod/RC
C: Mark Rothenberger, Road & Bridge
DATE RECEIVED ~~
MAR 0 6 2009 1?~ ..
RISK MANAGEMENT J 9/0 '1
A G R E E MEN T 09-5108
1687
for
Annual Contract for Concrete Sidewalk and Curb Maintenance
THIS AGREEMENT is made and entered into this 27th day of January, 2009, by and between the
Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Design Build Engineers &
Contractors, Corp., authorized to do business in the State of Florida, whose business address is 801
North Magnolia Avenue, Suite 406, Orlando, FL 32803 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one year (1) year period, commencing upon
award of the contract, and terminating one year from date of award, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed. This contract shall have three additional, one (1) year renewals, renewable annually.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Concrete Sidewalk and Curb Maintenance on an as-needed
basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-
5108 and the Contractor's proposal, which is incorporated by reference and made an integral part
of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor
that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and
obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement and that procedure during the term and any
extension of the term of this Agreement.
Prior to the issuance of a Work Order, the Owner shall provide a summary of Work to be
performed which will afford the Primary Contractor the opportunity to submit a formal quotation for
the Work; the Contractor shall respond with the information sought within seven (7) working days..
If the primary Contractor cannot provide requested services within the timeframe specified by the
Project Manager, then the Secondary Contractor (Design Build Engineers & Contractors, Corp.)
will be contactedJor a quotation.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement
pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of
any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a
copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment
will be made upon receipt of a proper invoice and upon approval by the Project Manager or his
designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
Page -1-
6B?
Government Prompt Payment Act". Any County agency may utilize. the services offered under this
contract, provided sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Design Build Engineers & Contractors, Corp.
801 North Magnolia Avenue, Suite 406, Orlando, FL 32803
407 -648-1 080 Telephone
866-864-1800 Fax
Michael Thompson, President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
Page -2-
1687
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable stat~~~ federal laws. The coverage must include Employers'
Liability with a minimum limit of $1 '3Yu,OOO for each accident.
Special ReQuirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County thirty (30) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
Page -3-
1687
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12.
A.
BONDS.
When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and/or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute another bond and surety, both of which shall be subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in
substantially the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable
indication that the Work will not be completed within the Contract Time; (f) unsatisfactory
prosecution of the Work by the Contractor; or (g) any other material breach of the Contract
Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor
to Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
Page -4-
1687
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16.
A.
CONTRACT TIME AND TIME EXTENSIONS.
Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Page -5-
1687
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
19. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erect~d, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
22. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
CONTRACTOR shall employ people to work on COUNTY projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, CONTRACTOR
shall supply competent employees who are physically capable of performing their employment
duties. The COUNTY may require the CONTRACTOR to remove an employee it deems
careless, incompetent, insubordinate or otherwise objectionable and whose continued
employment on Collier County projects is not in the best interest of the County.
23. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
24. PROTECTION OF WORK.
Page -6-
6B?
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall
fix the date of Substantial Completion for the entire Work (or designated portion thereof) and
include a tentative punch list of items to be completed or corrected by Contractor before final
payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Page -7-
1687
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion p'ursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Road and Bridge Maintenance Department.
Page -8-
1687
29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 09-5108, any
addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
32. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
33. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
34. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
36. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
Page -9-
1687
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
A TTES-r:->U..:'~,. .'
DV\fi~,I~~~~~.~r?-' ~f~.,?fCourts
. II ,,' .,..... ',:"'i>". . .~
- ~_ . ~. ,~ - ,.-::; ;~-~rt_ ~
.J '<-. r . . -I .. I~ .! _~ --
.... · :! ~\~ i~ h:s i,~' ;.
Datep~'-, ","',...; ~L~: :fP1
'.,..~~t:~~~;~~~~~t~af~ i
"IJ"'a~"'Ofl>i tr
. , ,'; ;,'J. '; ~.."
c~~\V\ Wl~tUA
Type Print Witness a e
~~and
~ ... ,- \
ASSistcmt ~ unty Attorney '-
t),.tJ-h~ .
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, FLORIDA
~ d<t.~
Fiala, Chairman
By:
Design Build Engineers & Contractors, Corp.
contr~actor
By:~
Signature
K, ~A. ~ L. (t-foMt j~J
Typed Signature
'k~I{)~T
Title
Page -10-
. Item# , b6g-
Agenda \I~, I.
Date ~oS1
~?d ?J!lfo [off
4i~
EXHIBIT A
PUBLIC PAYMENT BOND
1687
Bond No.
Contract No. 09-5108
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at _
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
Page -11-
Signed, sealed and delivered
in the presence of:
1687
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of
,~ cl
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
20_, by_
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -12-
1687
Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -13-
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
1687
Bond No.
Contract No. 09-5108
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page -14-
1687
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of
20_, the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
20____, by , as
,a
He/She is personally known to me OR has produced
did (did not) take an oath.
day of
of
corporation, on behalf of the corporation.
as identification and
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -15-
ATTEST:
SURETY:
1687
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, by ,as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -16-
COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
1687 .~
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and its
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
200_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No._
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by ,as of
, a corporation, on behalf of the corporation. He/she is
personally known to me or has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -17-
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
16871
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Name)
Bid No. 09-5108
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
Page -18-
(Signature) DATE:
(Type Name and Title)
EXHIBIT D
CHANGE ORDER
1687
CHANGE ORDER NO.
CONTRACT NO. 09-5108
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,200_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now <-> calendar days. The substantial completion date is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
,20
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
1687
EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -20-
1687
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20
OWNER
By:
Type Name and Title
Page -21-
16B7
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page -22-
161B7
The following warranty is attached to and made a part of this Certificate:
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page -23-
1687
EXHIBIT G
WARRANTY
In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -24-
~
7f 2/512009 13: 51
Lion Insurance
LION INSURANCE COMPANY -+DEISNG BUILD
1/1
1687
.-- .
.~ CERTIFICATE OF LIABILITY INSURANCE Date
2/5/2009
Producer: Lion Insurance Company This Certificate is issued as a matter of information only and confers no rights
2739 U.S. Highway 19 N. upon the Certificate Holder. This Certificate does not amend, extend or alter
Holiday, FL 34691 the coverage afforded by the policies below.
727 -938-5562 Insurers Affording Coverage NAIC # /'
Insured: South East Personnel Leasing, Inc. Insurer A: Lion Insurance Company 11075 .-
2739 US. Highway 19 N. Insurer B:
Holiday, FL 34691 Insurer c:
Insurer D: .
Insurer E:
Coverages
The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract orotherdocument wth respect to which
this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by
paid claims.
INSR ADDL Type of Insurance Policy Number Policy Effective Policy Expiration Date Limits
LTR INSRD Date
(MM/DOfYY) (MM/DOfYY)
GENERAL LIABILITY Each Occurrence $
f-
~ OmmerCial General Liability Damage to rented premises(EA
.... Claims Made 0 Occur occurrence} $
~ Med Exp $
-- Personal Adv Injury . $
General aggregate limit applies per: .
tJ Policy General Aggregate . $
o Project 0 LaC
Products - Comp/Op Agg . $
AUTOMOBILE LIABILITY Combined Single Limit
- (EA Accident) $
Any Auto
.... Bodily Injury
All Owned Autos
- (Per Person) $
Scheduled Autos
- Hired Autos Bodily Injury
- Non-Owned Autos (Per Accident) $
-
Property Damage
(Per Accident) $
EXCESS/UMBRELLA LIABILITY Each Occurrence
::J Occur o Claims Made Aggregate /
. Deductible
. /
A Workers Compensation and WC 71949 01/01/2009 01/01/2010 X I WC Statu- I 10TH- ,/
Employers' Liability tory Limits ER
Any proprietor/partner/executive officer/member E.L Each Accident $1,000,ooa.l'
excluded? E.L Disease - Ea Employee $1.000.000
If Yes, describe under special provisions below. EL Disease - Policy Lim~s $1 .000.000
Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AM B # 12616
Descriptions of Operations/Locations/Vehicles/Exclusions added by EndorsemenUSpecial Provisions: Client ID: 42-59-002
Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. that are leased to and working for the following "Client Company":
Design Build Engineers & Contractors Corp.
Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. active employee(s) , while working in Florida.
Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity.
A list of the activeemployee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562.
FAX: 866-864-1800 & 239-252-65961ISSUE 06-30-08 (TO)! REISSUE 02-05-09 (SO)
. . Beain Date 2 /S /2007
CERTIFICATE HOLDER . . CANCELLATION
COLLIER COUNTY PURCHASING DEPT. Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer wi II
endeavor to mail 30 days. written notice to the certificate holder named to the left, but failure to dose shall impose no
obligation or liability Of any kind upon the Insurer, its agents or representatives.
3301 E. TAMIAMI TRAIL . ~;,./~
NAPLES FL 34112
-.
/^'
1617;
ACORD", CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY)
2/9/2009
PRODUCER (407)884-7843 FAX: (407)884-6014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
C F Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 1189 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Apopka FL 32704-1189 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Mid Con tinen t Casual ty o D "0 10
Design Build Engineers & Contr INSURER B: Progressive Insurance I' r _..AI
P.o. Box 580937 INSURER C: ~.;.. 7_~ A _u"
INSURER D:
Orlando FL 32858 INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. d.
INSR ADD'L TYPE OF INSURANCE P~.k+~~~~~g8~E Pgklfll~~~J!.QN LIMITS
POLICY NUMBER
~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~\
~ OMMERCIAL GENERAL LIABILITY ~~~~~~JOE~~~J~~nce\ $ 10,000
A X CLAIMS MADE ~ OCCUR 04GLOO0747649 11/2/2008 11/2/2009 MED EXP IAnv one oerson' $ Excluded
>--
>-- PERSONAL & ADV INJURY $ 1,000,000
>-- GENERAL AGGREGATE $ 2,000,000
@'LAGGREnE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
PRO- n iI
X POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
- ANY AUTO
B - ALL OWNED AUTOS 06311871-0 2/26/2008 2/26/2009 BODILY INJURY
(Per person) $
~ SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY $
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
C =i DEDUCTIBLE EBU022118734 2/13/2009 2/13/2010 $
RETENTION $ $
WORKERS COMPENSATION AND I WCSTATU-,I !OTH-
TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Collier County is listed as Additional Insured.
J
l}l" W
/
CERTIFICATE HOLDER
Collier County
3301 E. Tamiami Trail
Naples, FL 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~
Jon DeClue/ISABEL ~~
ACORD 25 (2001/08)
IN(:;n?J;, Jn1nj:H nQ."
@ACORD CORPORATION 1988
P~nClo 1 nf?
1687
ACORD", CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY)
2/9/2009
PRODUCER (407)884-7843 FAX: (407) 884-6014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
C F Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 1189 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Apopka FL 32704-1189 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERAMid Continent Casualty
Design Build Engineers & Contr INSURERB: Progressive Insurance
P.o. Box 580937 INSURER C:
INSURER D:
Orlando FL 32858 INSURER E:
C VE~4r.:1=!::
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AG ".:REr.ATE LIMIT!': SHOWN MAY HAVE BEEN DEDUCED BY PAID rLAIM!':.
I~~: ~~~~ TYPE OF INSURANCE POLICY NUMBER Pgkl-~~~~~gg;Wf Pgk!fl,~:'~~N LIMITS
~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000
~ OMMERCIAL GENERAL LIABILITY ~~~~~H9E~~~6~~nce' $ 10,000
A X >--- CLAIMS MADE [!] OCCUR 04GLOO0747649 11/2/2008 11/2/2009 MED EXP (Anv one oerson' $ Excluded
>--- PERSONAL & ADV INJURY $ 1,000,000
>--- GENERAL AGGREGATE $ 2,000,000
@'LAGGRnE LIMIT APlES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
X POLICY jr8i LOG
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
- $
(Ea accident)
- ANY AUTO
B - ALL OWNED AUTOS 06311871-1 2/26/2009 2/26/2010 BODILY INJURY
(Per person) $
..!.. SCHEDULED AUTOS
..!. HIRED AUTOS BODILY INJURY $
..!. NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
~ESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000
OCCUR D CLAIMS MADE AGGREGATE $
$
C R DEDUCTIBLE EBU022118734 2/13/2009 2/13/2010 $
RETENTION $ $
WORKERS COMPENSATION AND I T"X~{IftTIYS I OJ6'-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEF $
If yes, describe under
SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Collier County is listed as Addit ional Insure d.
CERTIFICATE HOLDER
Collier County
3301 E. Tamiami Trail
Naples, FL 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~
Jon DeClue/JON ~--.
ACORD 25 (2001/08)
INc:::.n?J; Irl-tnsn nQ.,
@ACORD CORPORATION 1988
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