#08-5011 (Haskins, Inc.)
A G R E E MEN T 08-5011
"Annual Contract for Underqround Utility Contractinq Services"
THIS AGREEMENT is made and entered into this f {thday of 111 Cl>--C~, , 2008, 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 Haskins, Inc. authorized
to do business in the State of Florida, whose business address is 10956 Enterprise Avenue, Bonita
Springs, Florida 34135 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for the period of twenty four (24) months. Additionally,
by mutual agreement and funding availability, the contract may be renewed for two (2) terms of
twenty four (24) months each. In no event, including renewal options, shall the contract exceed six
(6) years. The Purchasing/General Services Director 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 Purchasing/General Services Director, 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 five firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for a wide range of minor-to-medium scale future construction,
renovation and retrofit projects on an as-needed basis as may be required by the Owner in
accordance with the terms and conditions of RFP 08-5011 and the Contractor's proposal 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.
The Owner shall provide a summary of Work to be performed which will afford the Contractor the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For projects with an estimated cost of Fifty
Thousand ($50,000) or less, the Owner shall obtain a proposal from one or more of the five (5)
selected firms, negotiate favorable project terms and conditions, and issue a numbered Work
Order to initiate the projects.
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two
Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the
contracted firms; the Contractor shall respond with the information and or proposal sought within
ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. Division Administrator and County Attorney
approval is required at this level.
For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty
Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms.
Staff recommendations will then be submitted to the Board of County Commissioners for approval
after County Attorney and Division Administrator approval.
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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.
Work orders shall not be required for emergency work but will be authorized by Purchase Order
only. The Forms attached to this Agreement as Exhibits A through D shall not be required for
emergency work.
The Contractor will be compensated for time and material work, either emergency or scheduled,
in accordance with the rate sheet with material and specialty equipment markup.
3. EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule
for emergency underground utility contracting services. The on-call Contractor shall be required
to have a cell phone number, along with a home number, to the County so that the County will be
able to contact the Contractor when needed. This schedule will be rotated on a one (1) week
basis.
In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next
scheduled Contractor, and the schedule will continue with each Contractor having no more than
two (2) weeks in a row on-call.
4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract, provided
sufficient funds are included in their budget(s).
5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by
registered or certified mail to the Contractor at the following address:
Haskins, Inc.
Joel Chambers
10956 Enterprise Ave., Bonita Springs, FL 34135
Phone: 239-947-1846
Fax: 239-947-3857
All notices from the Contractor to the County shall be deemed duly served if mailed by registered
or certified mail to the County at the following address:
Collier County Government Complex
Attn: Purchasing/General Services Director
Purchasing Department
3301 East Tamiami Trail, Purchasing Building G
Naples, Florida 34112
239-252-8407
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.
6. 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.
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7. 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.
8. 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,
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.
9. 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.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. 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 $1,000,000 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 state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $500,000 for each accident.
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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 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.
12. 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 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.
13. BONDS.
A. The Owner shall use its discretion for bonding where a project may be in excess of fifty
thousand dollars ($50,000) but completed in less than sixty (60) days.
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 in excess of fifty thousand dollars ($50,000).
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 is terminated 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.
14. 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. Before any payment will be made, 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".
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15. 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.
16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
17. CONTRACT TIME AND TIME EXTENSIONS.
A. 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.
18.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
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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 office, employee or agent of Owner is authorized to direct any extra or changed
work orally.
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.
19.COMPLlANCE 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 Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
20. 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.
21.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.
22. 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.
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23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat,
clean, well groomed and courteous.
24. 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.
25. PROTECTION OF WORK.
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.
26. 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.
27. 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
Completion (substantial or final Certificate of 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.
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If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion)
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
portion 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, and upon receipt of a
final Application for Payment, Owner will make such inspection and, if Owner finds the Work
acceptable and fully performed under the Contract Documents, he shall promptly issue a final
Certificate for Payment, 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
Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28.L1QUIDATED 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
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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.
29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Public Utilities Engineering Department.
30. 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, Request for Proposal No. 08-
5011, any addenda, Exhibits A, B, C and D, any QuotationlWork Order made or issued pursuant
to this Agreement, and any related plans or specifications for any such Quotations or Work
Orders.
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. 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.
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.
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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 TTESr
Dwight E Srock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FL RIDA
By:
.
By:
Tom Henning ,Chair an
/5m IhlJ(Ji
First Witness
hen l/~l( JI
Type/Print Witness Name
~Lu-
on Witness
Haskins, Inc.
Contractor _
BY:~~
/ Signature
.Jou.. C/l4l?;/3€RS
Typed Signature
/?//1N4Ce.e
Title
,Ju,Ce...... ~vLT
Type/Print Witness Name
Approved as to form and
legal suf ic' : _____-.;
Robert N. Z ary
Assistant County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 08-5011
KNOW ALL ME BY THESE PRESENTS: That
are held and firmly bound to
Oblige in the sum of ($
) for the payment whereof we bind ourselves, our heirs, executors, personal representatives,
successors and assigns, jointly and severally.
, as
, as Surety, located at _
(Business Address)
as
Principal, and
WHEREAS, Principal has entered into a contract dated as of the
,200_> 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
200_, the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of:
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
200_, by _
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
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
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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
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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -13-
EXHIBIT A-1
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 08-5011
WHEREAS, Principal has entered into a contract dated as of the _ day of
200_, 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-
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
200_, 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 _ day of
200_, 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-
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
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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -16-
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
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 it's
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
,200_, 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-
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) RFP No. 08-5011
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Payment Application No.
for Work accomplished through the
Date:
(Project Name)
RE:
%
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total earned Less Retainage $
Less previous payment (s) $
Original Contract Time:
Revised Contract Time:
Percent Work completed to Date:
Percent Contract Time completed
to Date
%
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: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(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:
(Signature) DATE:
(Type Name and Title)
Page -18-
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 08-5011
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 <---l 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:
,200
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
ACORQ. CERTIFICATE OF LIABILITY INSURANCE I OATE{MMlDO/VYYV)
1/22/2008
PRODUCER Phone: 239-278-0278 Fax: 239-278-5306 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3820 Colonial Blvd., Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Myers FL 33966-1094
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: FCC I Commercial Insurance Co.
Haskins, Inc. INSUREAB:FCCI Insurance Com~an"
H & K Equipment Sales & Rental, Inc.
10956 Enterprise Avenue INSURER c:
Bonita Springs FL 34135 INSURER 0:
INSURER E"
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED Nk~ED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTR~CT 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.
N POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
T
A ~NERALLlABIUTY GLOOOS6581 7/1/2007 7/1/2008 EACH OCCURRENCE $1 000 000
L ==fMERCIAL GENERAL LIABILITY ~~~~~S Ea occurenre $100 000
- CLAIMS MADE [X] OCCUR M~D EXP (Anyore ~rson) . 5 000
X l'nnr rrirrl1rCl 1 PERSONAL & ADV INJURY $1 000 000
GENERAL AGGREGATE '2 000 000
~'~AGG~Er;lE LIMIT AP~S PER PRODUCTS - COMP/OP AGG '2 000 000
Y POLICY h( ~~T X LOC
A ~OMOB1LE LIABILITY CAOO047494 7/1/2007 7/1/2008 COMBINED SINGLE LIMIT
L ANY AUTO (Eaaccldert] $1, COO, 000
- ALLOWNEDAUTOS BODIL V INJURY
(PeI'person) ,
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(Peraccicenl) .
- NON-DWNEDAUTOS
- --- PROPERTY DAMAGE .
(Peraccloonl)
~R~GE L1ABIUTV I AUTOONL Y - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
AUTOONL v: AGG .
A I ij:SSIUMBRELLA LIABILITY UMBOO056761 8/16/2007 8/16/2008 EACH OCCURRENCE '2 000 000
X OCCUR 0 CLAIMS MADE AGGREGATE '2 000 000
,
~ ~DUCTIBlE .
X RETENTION $10 000 .
B WORKERS COMPENSATION AND 54191 7/1/2007 7/1/2008 X I T~g&J~JN:T IOJ61-
EMPLOYERS' LIABILITY EL EACH ACCIDENT $1 000
ANY PROPAIETORIPARTNr:::R/EXECUTI VE 000
OFFICEAlMB..tlEA EXCLUDED? i EL DISEASE. EA EMPlOYEE $1 000 000
~P~~I~{'Cp~~SI~~NS below , . 1 .000.000
I ELDISEASE-POLlCYLlM1T
A OTHER CMOO031681 7/1/2007 7/1/2008 IMaXimum Limit $100,000
Leased or Rented
Equipment
DESCRIPTION OFOPERAllONS I LOCATIONS/VEHICLESJ EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
*10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM APPLIES, 30 DAYS FOR A~L OTHER REASONS.
h~rnRELLA FOLLOWS FORM OVER GENERAL LIABILITY, BUSINESS AUTO, AND EMPLOYERS LIABILITY
KE: RTP #-oa-SOll "Annual Contract for underground Utility contracting Services" Collier County Board of County
ommissioners is Additional Insured with regards to the General Liability cverage shown above, for work performed by
he named insured as required by written contract. A Waiver of Subrogation is included for the General Liability
overage.
CERTIFICATE HOLDER CANCELLATION"n noo.o
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier corrunissioners BEFORE 7HE EXPIRATION DATE THEREOF, THE ISSUING INSURER
County Board of county WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE
General Services Building CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO
3301 East Tamiami Trail SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
Npales FL 34112 THE HfSURER, ITS AGENTS OR REPRESEN1~TIVES.
AUTHORtlED REPRESENTATIV~
~O-(..._ rY\...;yV
ACORD 25 (2001/08)
@ACORDCORPORATION1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative Of producer, and the certificate holder, nor does it
affirmatively Of negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
EmmIT A .1 C..lract A.......mtlll Os-sGll
""lIlIla. CDll.trad 'Dr l11II...r....und UtiUtv CnntrAdli... ServiUl"
Thit om_t, dated Nt a. i:1 ).. --, , 2006, ,. the ",fereneed o"",men! shall be by
Ind bctwCCt'l me partiCt to mc on MIIJI'CCl"ftC"f, ond HuJnftl, Inc. (to be rcfCft'Cd 10 III
"Co.lmCtOt"1..d Collier Coullty, Florida, (10 be ",romd to.. "Co'm'Y'1.
510_"'10' V.dorm_.
16E1
The foUowin. MalIlC 10 'he above 1"Cfcronccd AJI"OCmCTIt has been mutmally ~ let by the
ContrlC\or IOd tho COUtIIy:
The dl:ll:tion 10 the all'tlnc Ilnlll. in Section 2, Statement or Work orthc Agrccmcntl'l ,h<'lWfl
herein by ,'Filll'tln l,-r
For projeelS with a. "Ii_led co.. over Fill)' Thc._ Doll.... ("0.000) ..,d les. tho" Two
li..d1'<ld Tho",".d Dol.... (5200,000), ........etitive quotes shan be .olleia:d tiom ,II of the
con...etcd Am" tho ConllOC1or .holl "'spood with lIle 1._6on ,nd or 1'"'1'...1 ...,ht
within t;n (10) worldnl cIIys, the Owner .hall nCIOUI'" favorahle project Icnn. "nd
eoru:titionl. and fssuc It numbered Work Order 10 initiate the prajcct... O;\li,ion Adminin,.ror
IRIl C.y,,~ "'Item~ approval(s rcq\Iircd at this J~1.
All other Ie"", IOd eondition..r Ihc AlJl'oancnt .holl n>main i. forco,
11'1 WIlNESS WHEREOF, tho Con_tor IOd d", County ha.. etch, _lively, by aft
.,Ilhori..d P"rse. or oSent, hcn:undcr "" their band, tnd ...1. on t!le dttlll(') lndi_ below.
Accepted:
3/:5
,
,2008
CONTRACTOR:
H"ldn"lac.~
8y:~
,/ AlI!llorizod Sip'''''''
~tJMlJCe5 , /'IiWMOl
Print Name and Title:
OWNER.:
~
8y:
"
~
)L~
Deputy ClerK
ITEM NO.: a -PRe. -ro~l
FILE NO.:
~. ,:'- " J\' : j~l[
,:(XjN~f17 AI10R~1[\
DATE RECEIVED:
ZGGB ~i;\? 14 flii i i: 41\
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: March 12, 2008
To: Office of the County Attorney
Attention: Robert Zachary
From: Dianna Perryman., Contract Specialist )(f
Purchasing Department, Extension 4270
Re: Contract: #08-5011 "Annual Contract for Underground Utility
Contracting Services"
Contractor: Haskins, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Item 10.H
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, please forward to the Chairman of the Board of County
Commissioners for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
J/I'Ilor--~v;rr~~/~
C c..... rvVZ-
'"$-,8 -uY
C: Ty Stuller, Water Dept.
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM:
Dianna Perryman, Contract Specialist 1l-rQ.-.
Purchasing Department Yf
DATE: March 12,2008
RE: Review of Insurance for Contract: #08-5011 "Annual Contract for
Underground Utility Contracting Services"
Contractor: Haskins, Inc.
This Contract was approved by the BCC on March 11, 2008; Agenda Item
10.H
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, please advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 4270.
~
0/
DATE RECEIVED
MAR 1 3 2008
RISK MANAGEMENT
dod/DP
C: Ty Stuller, Water Dept.