#08-5062 (Carter Fence)
Collier County Parks & Recreation Fence Repairs
COLLIER COUNTY BID NO. 08-5062
COLLIER COUNTY, FLORIDA
Design Professional:
Parks & Recreation Staff
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIB!T L: Standard Detai!s (if applicab!e)
EXHIBIT M: Plans and Specifications prepared by Parks & Recreation Staff
and identified as follows: Collier County Parks & Recreation
Fence Repairs
as shown on Plan Sheets 1 through 6.
EXHIBIT N: Contractor's List of Key Personnel
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Collier County Parks & Recreation Fence Repairs
COUNTY BID NO. 08-5062
Separate sealed bids for the construction of Collier County Parks & Recreation Fence
Repairs, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the
Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
16th day of April. 2008, at which time all bids will be publicly opened and read aloud.
Any bids received after the time and date specified will not be accepted and shall be
returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 26th
day of March, 2008, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Collier County Parks & Recreation Fence Repairs Bid No.
08-5062 and Bid Date of April 16, 2008". No bid shall be considered unless it is made
on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule
(GC-P-1 through GC-P-12) shall be removed from the Bidding Documents prior to
submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: vv'Vvw.collierqov.net/bid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
GC-PN-1
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within One
Hundred twenty (120) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 12th day of March, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
GC..PN-2
PART B -INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Ag reement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-1
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit ReQuirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Rig ht to Reject Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-I B-2
Section 5. Si~nin~ of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-I B-3
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Ag reement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-18-4
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
GC-IB-5
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the O'vvner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
GC-IB-6
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
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.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-IB-7
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ORIGINAL
Collier County Parks & Recreation Fence Repairs
BID NO. 08-5062
Full Name of Bidder 'Le(\r\f _'-\~"\ '\). (~CL(-r.e...Y-
Main Business Address ()L\G\O 8h-enn.\)crk( i~-. /()c\ek:> t ~l.-. aCII \ l
Place of Business C '~l( '\-.~x'- \-~~ '(\,( Q (\ (,\'l,il'll'ld. '~.r.
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Telephone No. ;;:,:),5;1 -lD,::j-Lj I Cd Fax No. :Ja:i-,':;;:-)d. -J ({):J":f
State Contractor's License # C~C\ hk< CCv'vyh..,{ L; c ~ I \ L\l-6
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To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
BID SCHEDULE
Collier County Parks & Recreation Fence Repairs
Bid No. 08-5062
Having become familiar with conditions at the project site and having carefully examined
the building and the bidding requirements, including the advertisement, instructions to
bidders, and the contract documents including the General Conditions, Supplemental
Conditions, Details, Schedules and Drawings, the undersigned proposes to furnish all
materials, labor and equipment for the entire work in accordance with the documents
and applicable' codes and ordinances for the following lump sum of:
Bas~ Bid, the Lump Sum (in words): 'T~r~"G ~.J~-~J'e..1S\\~ Ot\C-.
_~.:~ ~_ hu.~-'C'~\ +- 0_ Dollars.
GC-P-2
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
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GC-P-3
LIST OF SUBCONTRACTORS
;-J ) A-
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non- .
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
Cateqorv of Work
Subcontractor and Address
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GC-P-4
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Project and Location
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GC-P-5
Reference
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b 8:'1-,r5 0) /7 Cyy) (~ " i(Ctfi U
t~ 0\ \i;(
('; C" ,.\..L\, '~x' . kiOv'\ <...
-...-_ ',-,f. I ,I .....-. ~ ~.~
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(, . J ("
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\
1/1 lC" , ,Ip <..
~\J ~ljl\., ..:>
\
,;).JL - JL()) C hl,,:cIL
00" \-u- FCAt' e" {-C/' ~,
Bidder ~
U"......."'.tu.b . CC....kr;;{, ~
TRENCH SAFETY ACT IJ /,4
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF.SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
f
2.
3.
4.
5.
TOTAL $
Failure to complete the above may result in the Bid being declared non-responsive.
Dated--=U 1 u t Dr
Gil;V ~ 'F~.c. (0. J-IAC~~
..//'. ' ~~.~.~/
.~ \..(~+1.-r.~ (). G:",-..k,r
BY:
GC-P-6
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days frolJl the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within Ninety (90) consecutive
calendar days, computed by excluding the commencement date and including the last
day of such period, and to be fully completed to the point of final acceptance by the
Owner within Thirty (30) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
Respectfully Submitted:
State of -rlC(i d G\
County of CD \ \\-E (
(~\..-c.r 'F~~ Lo.v--~';5.1..(... lL:..A CuA-v, being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
~~ ~.. Co~ <~. l~ G.vb , also deposes and says
that it has examined and careful y prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC-P-7
(a) Corporation
The Bidder is a corporation organized and
T-\c(i do~ , which operates
(' 1- i r. / r." (\ -,.----
'CLI'''t\..-\ h_i'\'\CL CYnpCl n'j; '_('-Ie __ .
officers are as follows:
existing under the laws of the State of
under the legal name of
, and the full names of its
President \.( "t"~4A-~-~''i)~ ~,b
Manager
\..\ OJ ~ tl-'C.- k, Ro bVc.':
\-\-~'C.-\.., ~u-c'
'-.,;
Fyi c,t^ll:s, Sdv-o~-I"
Secretary
Treasurer
The 1> :-~s't-~\..r.,,\.:.-\- is authorized to sign construction bids
and contracts for the company by action of its Board of Directors ~
, a-eeFHfied OOf1y-ef-wAieh--is-heretCJa1tactmdtsitike-'
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED
legal entity
GC-P-8
dJ.'1I1iJ }?VC'XU<c
Witnes 1
w~~~
BY:
/"~flr/I-It j).' t,1-N.:T612
4. of B' ~r (Typed)
n.-/Z/
Signature
;~/vS
Title
STATE OF fkfJd4
,
r'r\UI\ITV r\F /iDI'l.1y
VV I'll I V \./-'If"<.-'
The foregoing instrument was acknowledged before me this } (t day of rlYXi I
2008, by K-.f,71'Jy;;../h ,0. c:'!.r.fr'l-Cr , as 'pr:?S-';cle,']1'-
of GlI/ky' 'h/VlCY' L'['1??t9"'/lJ::fJl. :z:;,,,, ,a r"(.;:/j/"a:1f'/;I, "fi corporation, on
behalf of the corporation. 'He she is Rersonallv known to me or has produced
- .
as identification
and did (did not) take an oath.
NAME:
My Commission Expires:J v/vJ eLj 1:;;..1.)/ {..;
{ ,j
(AFFIX OFFICIAL SEAL)
Notary Public, State oft::: L
Commission No.: 17DfYTOL?('jt./
,
NOTARY PUBLIC.STATE OF FLORlDA
"\.11,, H 1
::",' '\. anne y Roque
~,. }Co~sion #?D570634
"",....',. ExplIes: JULy 04, 2010
BONDED lliRU ATIANTIC BONDING CO., INC.
GC-P-9
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1, The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. !f required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11, The mailing envelope must be sealed and marked with:
<::>Bid Number;
<::>Project Name;
<::>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
~6- F;.-4~~~~
~r.NN~ :
~ j/,--d
. Signature ~ jltle .
DATE: 'I/"b/OY
GC-P-12
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Carter Fence Company, Inc.
("Contractor") of 3490 Shearwater St. Naples, FL 34117, a Florida corporation,
authorized to do business in the State of Florida, to perform all work ("Work") in
connection with Collier County Parks & Recreation Fence Repairs, Bid No. 08-5062
("Project"), as said Work is set forth in the Plans and Specifications prepared by Parks
& Recreation Staff, the Engineer and/or Architect of Record ("Design Professional") and
other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: three hundred eighty one thousand
five hundred dollars and zero cents ($381,500.00).
GC-CA-1
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by ContraGtor 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 at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated Dama~es.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. 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.
Contractor shall achieve Substantial Completion within Ninety (90) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional 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. Contractor shall achieve Final Completion within
Thirty (30) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
GC-CA-2
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, One hundred Fifty five
Dollars and twelve cents ($155.12) for each calendar day thereafter until Substantial
Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner
shall also be entitled to assess and Contractor shall be liable for all actual damages
incurred by Owner as a result of Contractor failing to timely achieve Final Completion.
The Project shall be deemed to be substantially completed on the date the Project
Manager (or at his/her direction, the Design Professional) 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 to 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 or Finally Complete the Work within the required time
periods.
C, Computation of Time Periods.
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.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection,
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Parks & Recreation Staff
and identified as follows: Collier County Parks & Recreation
Fence Repairs
as shown on Plan Sheets 1 through 6.
Contractor's List of Key Personnel
GC-CA-4
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Vicky Ahmad
15000 Livingston Road
Naples, FL 34109
Tel: 239/252-4000
Email: VickyAhmad@colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Kenneth D. Carter, President
Carter Fence Company, Inc.
3490 Shearwater St.
Naples, FL 34117
Phone: (239) 353-4102
Fax: (239) 352-1687
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
GC-CA-5
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
GC-CA-6
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
lW~S
FIRST WIT ESS
-----\f"ll.. '\\ n c\",
\~.LV' \ ,((-)~\t-
Ty /Print'Name
/1
( ,
SECOND V'll NESS
~\(\(\t~ . -Y\df i e
Type/Print Name \
Date: }()tlll~
A TTE,:,-~:,~ )e@!.!~~& .
',,".". ,\"", . "'" @,A'
..' ,." ". (>
DW,' i~.:~f .,<'~rbct, Gl;~ ' , ~
..~i ""'~
B' .:..,' , ' . -, .. "
"/. ~ ' . ~ ~
. 'l.' ,
- ':(. At~JttY!.t,~ Cn. I ~ .
!;?'>1:1~,~,',* !1I
Approvea ;l\s; To' Form
and Legal Sufficiency:
~rn~
Print Name: CotlctrllYl C5reR-J\..L
Assistant County Attorney
CONTRACTOR:
By:
rl I ' ('\'., ,,/\ ',/ ,.----. ~
\~i( \ \ '-.l \ \ \-'('( \.)( C?:/ .
Type/Print Name knd Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
GC-c/\-8
BY:
<
_,,_~..... "~_w__._..."__..,,,.,;.....1i..._,,,..,_,
)CATION: 3490 SHEARWATER ST.
)NED: PUD
JSINESS PHONE: 353-4102
COLLIER COUNTY BUSINESS TAX RECEIPT NUMBER:
COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 403-2477
VISIT OUR WEBSITE AT: vvww.collieriax.com
THIS RECEIPT EXPIRES SEPTEMBER 30, 2008
DISPLAY AT PLACE OF BUSINESS FOR PUBLlCJNSPECTION
FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.
882540
)UNTY L1C: 11475
LEGAL FORM .....
.... G?~~~TI~~ (J/I"
\~ ....;r !',.. .~~;!~ '~. ':;-.,;; .::. _' vr ,t1: ;J'
. ,",,",_"'\./' ~ ,'.... ,...~ ' ''''~\.V< : CARTER FENCE CO INc
.j'" ."J! ',,' '\ ,.,/~"-.
- ",",j'" , \ ' i-
t",-,,) "" ',.1!.~' J" ,. . "of" CARTER, KENNETH DAVID
~...
1
I 3490SHEARWATER ST.
:~
.1'
.1-
1;"
JMBER OF EMPLOYEES: 41-50 EMPLOYEES'!" '"
~i
ASSIFlcAT!ONFENCE ERECT!ON CONTRA.CTOR . '\,01"
.., ..,
ASSJFICA TION CODE: 021 07005 ~<,~! .l ...,,;;. "'" ,""- .i1ii"' ~.""'",{
s document is. a business tax only. This is no! certification that 'ic~;elS"qu~a'i~e,d. " . '%::: Cjl\'~:
joes not permit the licensee to Violate any eXisting regulatory zoning laws;P-fotb.e~.Nelc.ouflty or cities
r does it exempt the licensee from any other taxes or permits that may be reqUired'bY'law.
i~
j!..
y.
"
....;j,l.t.:-' ..
!l
;t NAPLES
FL 34117
DATE 07/26/2007
AMOUNT 90,00
RECEIPT 2126.41
/11 ;p~
ACORD". CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY)
4/15/2008
PRODUCER Phone: 888-262-2239 Fax: 239-261-8265 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown of Florida Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
999 Vanderbilt Beach Road,#507 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples FL 34108-3507
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Hart ford Ins. Co. of the South
Carter Fence Company, Inc. INSURERB: Bridaefield Emulovers Ins. Co
3490 Shearwater Street, Unit E
Naples FL 34117-8414 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 OR OTHER DOCUMENT WI~H RESPECT TO WHICH THIS
CERTIFICATE ~~Y 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 N~~~ TYP"n" POLICY NUMBER POLlCYEFFEg~E Pg~!f~r~~if~N LIMITS
LTR
A X ~NERAL LIABILITY 21UUNAG0725 1/1/2008 1/1/2009 EACH OCCURRENCE $ 1 000 000
L COMMERCIAL GENERAL LIABILITY ~~~~~~~?E~~~uEr~nce\ $300 000
f-- =:J CLAIMS MADE IX] OCCUR MED EXP (Anyone person) $ 10 000
PERSONAL &ADV INJURY $ 1 000 000
f--
GENERAL AGGREGATE $ 2 000 000
f--
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 000 000
Il POLICY !xl ~f?,: n LOC
A X ~TOMOBILE LIABILITY 21UUNAG0725 1/1/2008 1/1/2009 COMBINED SINGLE LIMIT
1'-- ANY AUTO (Ea accidenl) $1,000,000
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY
(Per accident) $
- NON-OWN ED AUTOS
- PROPERTY DAMAGE $
(Per accident)
~AGE LIABILITY AUTO ONLY - EAACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
A X EXCESS/UMBRELLA LIABILITY 21XHUAG0193 1/1/2008 1/1/2009 EACH OCCURRENCE $ 2 000 000
[iJ OCCUR D CLAIMS MADE AGGREGATE $ 2 000 000
$
8 DEDUCTIBLE $
X RETENTION no 000 $
B WORKERS COMPENSATION AND 83026235 1/1/2008 1/1/2009 X I T~g~T~JNs I IOJ~-
EMPLOYERS' LIABILITy I
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 000 000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 000 000
If yes, describe under E.l. DISEASE - POLICY LIMIT $ 1 000 000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
f<'ence Installation
* Notice of Cancellation 45 days except 10 days due to nonpayment of premium.
-ertificate holder is Included as Additional Insured and coverage is prioary & non-contributory in
espect to General liability only per Form HGOOOl(06-05) - Commercial General Liability Coverage Form attached to the
olicy. A Business Liability Waiver of Subrogation applies to the Certificate Holder per form HC2642 (10-01) .
Workers Compensation Blanket Waiver of Subrogation applies to the Certificate Holder per form WCOO0313 - Waiver of
ur Right to Recover from Others, attached to this policy
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier County Board of County Commissioners BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL E~~EAVOR TO MAIL *45 DAYS WRITTEN NOTICE TO THE
3301 Tamiami Trail East CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Naples FL 34112 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE il~t~ ;f~ ;j:C-Lf-'
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
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 or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
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x
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read
the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy the words "you" and "your" refer to
the Named Insured shown in the Declarations, and any
other person or organization qualifying as a Named.
Insured under this policy, The words "we", "us" and "our"
refer to the stock insurance company member of The
Hartford providing this insurance.
The word "insured" means any person or organization
qualifying as such under Section II - Who Is An Insured.
Other words and phrases that appear in quotation marks
have special meaning. Refer to Section V -Definitions.
SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes
legally obligated to pay as damages because of
"bodily injury" or "property damage" to which this
insurance applies. We will have the right and duty
to defend the insured against any "suit" seeking
those damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property damage" to
which this insurance does not apply, We may, at
our discretion, investigate any "occurrence" and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is limited
as described in Section III - Limits Of
Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of insurance in
the payment of judgments or settlements under
Coverages A or B or medical expenses under
Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless explicitly
provided for under Supplementary Payments -
Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place in
the "coverage territory";
HG 00 01 0605
(2) The "bodily injury" or "property damage" occurs
during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II - Who Is An
Insured and no "employee" authorized by you to
give or receive notice of an "occurrence" or
claim, knew that the "bodily injury" or "property
damage" had occurred, in whole or in part. If
such a listed insured or authorized "employee"
knew, prior to the policy period, that the "bodily
injury" or "property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during or
after the policy period will be deemed to have
been known prior to the policy period.
c. "Bodily injury" or "property damage" will be deemed
to have been known to have occurred at the
earliest time when any insured listed under
Paragraph 1. of Section II - Who Is An Insured or
any "employee" authorized by you to give or
receive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily injury" or
"property damage" to us or any other insurer;
(2) Receives a written or verbal demand or claim
for damages because of the "bodily injury" or
"property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or organization for
care, loss of serv'ices or death resulting at any time
from the "bodily injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the rendering of or
failure to render professional health care
services as a physician, dentist, nurse,
emergency medical technician or paramedic
shall be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse, emergency
medical technician or paramedic is
employed by you to provide such services;
and
(b) You are not engaged in the business or
occupation of providing such services.
@ 2005 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
Page 1 of 18
(2) For the purpose of determining the limits of
insurance for incidental medical malpractice,
any act or omission together with all related acts
or omissions in the furnishing of these services
to anyone person will be considered one
"occurrence".
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or
intended from the standpoint of the insured. This
exclusion does not apply to "Qodily injury" or
"property damage" resulting from the use of
reasonable force to PIotect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which the
insured is obligated to pay damages by reason of
the assumption of liability in a contract or
agreement. This exclusion does not apply to liability
for damages:
(1) That the insured would have in the absence of
the contract or agreement; or
(2) Assumed in a contract or agreement that is an
"insured contract", provided the "bodily injury" or
"property damage" occurs subsequent to the
execution of the contract or agreement. Solely
for the purposes of liability assumed in an
"insured contract", reasonable attorney fees and
necessary litigation expenses incurred by or for
a party other than an insured are deemed to be
damages because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the cost of,
that party's defense has also been assumed
in the same "insured contract"; and
(b) Such attorney fees and litigation expenses
are for defense of that party against a ci vii or
alternative dispute resolution proceeding in
which damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which any
insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any
person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or under the
influence of alcohol; or
(3) Any statute, ordinance or regulation relating to
the sale, gift, distribution or use of alcoholic
beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
Page 2 of 18
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or unemployment
compensation law or any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of and
in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of
the insured's business; or
(2) The spouse, child, parent, brother or sister of
that "employee"... as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
This exclusion does not apply to liability assumed
by the insured under an "insured contract".
f. Pollution
(1) "Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke, fumes,
vapor or soot produced by or originating
from equipment that is used to heat, cool
or dehumidify the buiiding, or equipment
that is used to heat water for personal
use, by the building's occupants or their
guests;
(ii) "Bodily injury" or "property damage" for
which you may be held liable, if you are a
contractor and the owner or lessee of
such premises, site or location has been
added to your policy as an additional
insured with respect to your ongoing
operations performed for that additional
insured at that premises, site or location
and such premises, site or location is not
and never was owned or occupied by, or
rented or loaned to, any insu red, other
than that additional insured; or
HG 00 01 06 05
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes from
a "hostile fire";
(b) At or from any premises, site or location
which is or was at any time used by or for
any insured or others for the handling,
storage, disposal, processing or treatment of
waste;
(c) Which are or were at any time transported,
handled, stored, treated, disposed of, or
processed as waste by or for:
(i) Any insured; or
(ii) Any person or organization for whom you
may be iegaily responsible;
(d) At or from any premises, site or location on
which any insured or any contractors or
subcontractors working directly or indirectly
on any insured's behalf are performing
operations if the "pollutants" are brought on
or to the premises, site or location in
connection with such operations by such
Insured, contractor or subcontractor.
However, this subparagraph does not apply
to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids which
are needed to perform the normal
electrical, hydraulic or mechanical
functions necessary for the operation of
"mobile equipment" or its parts, if such
fuels, lubricants or other operating fluids
escape from a vehicle part designed to
hold, store -or receive them. This
exception does not apply if the "bodily
injury" or "property damage" arises out of
the intentional discharge, dispersal or
release of the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids are
brought on or to the premises, site or
location with the intent that they be
discharged, dispersed or released as part
of the operations being performed by
such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and caused
by the release of gases, fumes or vapors
from materials brought into that building
in connection with operations being
performed by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes from
a "hostile fire"; or
HG 00 01 0605
(e) At or from any premises, site or location on
which any insured or any contractors or
subcontractors working directly or indirectly
on any insured's behalf are performing
operations if the operations are to test for,
monitor, clean up, remove, contain, treat,
detoxify or neutralize, or in any way respond
to, or assess the effects of, "pollutants".
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying or neutralizing, or in any way
responding to, or assessing the effects of,
"pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a governmental
authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out of
the ownership, maintenance, use or entrustment to
others of any aircraft, "auto" or watercraft owned or
operated by or rented or loaned to any insured. Use
includes operation and "loading or unloading".
This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"property damage" involved the ownership,
maintenance, use or entrustment to others of any
aircraft, "auto" or watercraft that is owned or
operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own
or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a
charge;
(3) Parking an "auto" on, or on the ways next to,
premises you own or rent, provided the "auto" is
not owned by or rented or loaned to you or the
insured;
Page 3 of 18
(4) Liability assumed under any "insured contract"
for the ownership, maintenance or use of
aircraft or watercraft;
(5) "Bodily injury" or "property damage" arising out
of the operation of any of the equipment listed in
Paragraph f.(2) or f.(3) of the definition of
"mobile equipment"; or
(6) An aircraft that is not owned by any insured and
is hired, chartered or loaned with a paid crew.
However, this exception does not apply if the
insured has any other insurance for such "bodily
injury" or "property damage", whether the other
insurance is primary, excess, contingent or on
any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by an
"auto" owned or operated by or rented or loaned
to any insured; or
(2) The use of "mobile equipment" in, or while in
practice for, or while being prepared for, any
prearranged racing, speed, demolition, or
stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government,
sovereign or other authority using military
personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against any
of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy, including any
costs or expenses incurred by you, or any other
person, organization or entity, for repair,
replacement, enhancement, restoration or
maintenance of such property for any reason,
including prevention of injury to a person or
damage to another's property;
(2) Premises you sell, give away or abandon, if the
"property damage" arises out of any part of
those premises;
(3) Property loaned to you;
(4) Personal property in the care, cu stody or control
of the insured;
(5) That particular part of real property on which
you or any contractors or subcontractors
Page 4 of 18
working directly or indirectly on your behalf are
performing operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property that must be
restored, repaired or replaced because "your
work" was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not
apply to "property damage" (other than damage by
fire) to premises, including the contents of such
premises, rented to you for a period of 7 or fewer
consecutive days. A separate limit of insurance
applies to Damage To Premises Rented To You as
described in Section III - Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if the
premises are "your work" and were never occupied,
rented or held for rental by you.
Paragraphs (3) and (4) of this exclusion do not
apply to "property damage" arising from the use of
elevators.
Paragraphs (3), (4), (5) and (6) of this exclusion do
not apply to liability assumed under a sidetrack
agreement.
Paragraphs (3) and (4) of this exclusion do not
apply to "property damage" to borrowed equipment
while not being used to perform operations at the
job site.
Paragraph (6) of this exclusion does not apply to
"property damage" included in the "products-
completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising out of it
or any part of it.
I. Damage To Your Work
"Property damage" to "your work" arising out of it or
any part of it and included in the "products-
completed operations hazard".
This exclusion does not apply if the damaged work
or the work out of which the damage arises was
performed on your behalf by a subcontractor.
m. Damage To Impaired Property Or Property Not
Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or dangerous
condition in "your product" or "your work"; or
(2) A delay or failure by you or anyone acting on
your behalf to perform a contract or agreement
in accordance with its terms.
This exclusion does not apply to the loss of use of
other property arising out of sudden and accidental
physical injury to "your product" or "your work" after
it has been put to its intended use.
HG 00 01 06 05
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or expense
incurred by you or others for the loss of use,
withdrawal, recall, inspection, repair, replacement,
adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn or
recalled from the market or from use by any person
or organization because of.a known or suspected
defect, deficiency, inadequacy or dangerous
condition in it. .
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Electronic Data
Damages arising out of the loss of, loss of use of,
damage to, corruption of, inability to access, or
inabiiity to manipulate electronic data.
As used in this exclusion, electronic data means
information, facts or programs stored as or on,
created or used on, or transmitted to or from
computer software, including systems and
applications software, hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.
q. Employment-Related Practices
"Bodily injury" to:
(1) A person arising out of any "employment-
related practices"; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "bodily injury"
to that person at whom any "employment-
related practices" are directed.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
r. Asbestos
(1) "Bodily injury" or "property damage" arising out
of the "asbestos hazard".
(2) Any damages, judgments, settlements, loss,
costs or expenses that:
(a) May be awarded or incurred by reason of
any claim or suit alleging actual or
threatened injury or damage of any nature or
HG 00 01 06 05
kind to persons or property which would not
have occurred in whole or in part but for the
"asbestos hazard";
(b) Arise out of any request, demand, order or
statutory or regulatory requirement that any
insured or others test for, monitor, clean up,
remove, encapsulate, contain, treat, detoxify
or neutralize or in any way respond to or
assess the effects of an "asbestos hazard";
or
(c) Arise out of any claim or suit for damages
because of testing for, monitoring, cleaning
up, removing, encapsulating, containing,
treating, detoxifying or neutralizing or in any
way respflnding to or assessing the effects
of an "asbestos hazard",
Damage To Premises Rented To You - Exception
For Damage By Fire, Lightning Or Explosion
Exclusions c. through h. and j. through n. do not apply
to damage by fire, lightning or explosion to premises
while rented to you or temporarily occupied by you with
permission of the owner. A separate limit of insurance
applies to this coverage as described in Section III -
Limits Of Insurance.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes
legally obligated to pay as damages because of
"personal and advertising injury" to which this
insurance applies. We will have the right and duty
to defend the insured against any "suit" seeking
those damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "personal and advertising injury" to
which this insurance does not apply. We may, at
our discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount 'vve will pay for damages is limited
as described in Section III - Limits Of
Insurance; and
(2) Our right and duty to defend end when we have
used up the applicable limit of insurance in the
payment of judgments or settlements under
Coverages A or B or medical expenses under
Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless explicitly
provided for under Supplementary Payments -
Coverages A and B.
b. This insurance applies to "personal and advertising
injury" caused by an offense arising out of your
business but only if the offense was committed in
the "coverage territory" during the policy period.
Page 5 of 18
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" arising out of an
offense committed by, at the direction or with the
consent or acquiescence of the insured with the
expectation of inflicting "personal and advertising
injury".
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury" arising out of oral,
written or electronic publication of material, if done
by or at the direction of the insured with knowledge
of its falsity,
'c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of oral,
written or electronic publication of material whose
first publication took place before the beginning of
the policy period.
d. Criminal Acts
"Personal and advertising injury" arising out of a
criminai act committed by or at the direction of the
insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to liability
for damages that the insured would have in the
absence of the contract or agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of a
breach of contract, except an implied contract to use
another's "advertising idea" in your "advertisement".
g. Quality Or Performance Of Goods - Failure To
Conform To Statements
"Personal and advertising injury" arising out of the
failure of goods, products or services to conform
with any statement of quality or performance made
in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of the
wrong description of the price of goods, products or
services.
i. Infringement Of Intellectual Property Rights
"Personal and advertising injury" arising out of any
violation of any intellectual property rights such as
copyright, patent, trademark, trade name, trade
secret, service mark or other designation of origin
or authenticity.
However, this exclusion does not apply to
infringement, in your "advertisement", of:
(1) Copyright;
Page 6 of 18
(2) Slogan, unless the slogan is also a trademark,
trade name, service mark or other designation
of origin or authenticity; or
(3) Title of any literary or artistic work.
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed by an
insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web sites
for others; or
(3) An Internet search, access, content or service
provider.
However, this exclusion does not apply to
Paragraphs 17.a., b. and c. of "personal and
advertising injury" under the Definitions Section.
For the purposes of this exclusion, placing an
"advertisement" for or linking to others on your web
site, by itself, is not considered the business of
advertising, broadcasting, publishing or telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of an
electronic chatroom or bulletin board the insured
hosts, owns, or over which the insured exercises
control.
I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of the
unauthorized use of another's name or product in
your e-mail address, domain name or metatags, or
any other similar tactics to mislead another's
potential customers.
m. Pollution
"Personal and advertising injury" arising out of the
actual, alleged or threatened discharge, dispersal,
seepage, migration, release or escape of
"pollutants" at any time.
n. Pollution-Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in any
way respond to, or assess the effects of,
"pollutants"; or
(2) Claim or suit by or on behalf of a governmental
authority for damages because of testing for,
monitoring, cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in any
way responding to, or assessing the effects of,
"pollutants" .
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o. War
"Personal and advertising injury", however caused,
arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government,
sovereign or other authority using military
personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power,
or action taken by governmental authority in
hindering or defending against any of ihese.
p. Internet Advertisements And Content Of Others
"Personal and advertising injury" arising out of:
(1) An "advertisement" for others on your web site;
(2) Placing a link to a web site of others on your
web site;
(3) Content, including information, sounds, text,
graphics, or images from a web site of others
displayed within a frame or border on your web
site; or
(4) Computer code, software or programming used
to enable:
(a) Your web site; or
(b) The presentation or functionality of an
"advertisement" or other content on your
web site.
q. Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of the
violation of a person's right of privacy created by
any state or federal act.
However, this exclusion does not apply to liability
for damages that the insured would have in the
absence of such state or federal act.
r. Violation Of Anti-Trust law
"Personal and advertising injury" arising out of a
violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out of the
fluctuation in price or value of any stocks, bonds or
other securities.
t. Discrimination Or Humiliation
"Personal and advertising injury" arising out of
discrimination or humiliation committed by or at the
direction of any "executive officer", director,
stockholder, partner or member of the insured.
u. Employment-Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employment-
related practices"; or
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(2) The spouse, child, parent, brother or sister of
that persorl as a consequence of "personal and
advertising injury" to that person at whom any
"employment-related practices" are directed.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising out of
the "asbestos hazard".
(2) Any damages, judgments, settlements, loss,
costs or expenses that:
(a) May be awarded or incurred by reason of
any claim or suit alleging actual or
threatened injury or damage of any nature or
kind to persons or property which would not
have occurred in whole or in part but for the
"asbestos hazard";
(b) Arise out of any request, demand, order or
statutory or regulatory requirement that any
insured or others test for, monitor, clean up,
remove, encapsulate, contain, treat, detoxify
or neutralize or in any way respond to or
assess the effects of an "asbestos hazard";
or
(c) Arise out of any claim or suit for damages
because of testing for, monitoring, cleaning
up, removing, encapsulating, containing,
treating, detoxifying or neutralizing or in any
way responding to or assessing the effects
of an "asbestos hazard",
COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described below
for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported to us
within three years of the date of the accident;
and
(3) The injured person submits to examination, at
our expense, by physicians of our choice as
often as we reasonably require.
Page 7 of 18
b. We will make these payments regardless of fault.
These payments will not exceed the applicable limit
of insurance. We will pay reasonable expenses for:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, x-ray and dental
services, including prosthetic devices; and
(3) Necessary ambulance, hospital, professional
nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of any
insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises you
own or rent that the person normally occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of any
insured, if benefits for the "bodily injury" are payable
or must be provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing, instructing or
participating in any physical exercises or games,
sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the "products-completed operations
hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS
A AND B
COVERAGES
1. 'Ne will pay, with respect to any claim we investigate or
settle, or any "suit" against an insured we defend:
a. All expenses we incur.
b. Up to $1,000 for cost of bail bonds required
because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily
Injury Liability Coverage applies. We do not have
to furnish these bonds.
c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts within the
applicable limit of insurance. We do not have to
furnish these bonds.
d. All reasonable expenses incurred by the insured at
our request to assist us in the investigation or
defense of the claim or "suit", including actual loss
of earnings up to $500 a day because of time off
from work.
Page 8 of 18
e. All costs taxed against the insured in the "suit".
f. Prejudgment interest awarded against the insured
on that part of the judgment we pay. If we make an
offer to pay the applicable Ii mit of insurance, we will
not pay any prejudgment interest based on that
period of time after the offer.
g. All interest on the full amount of any judgment that
accrues after entry of the judgment and before we
have paid, offered to pay, or deposited in court the
part of the judgment that is within the applicable
limit of insurance.
These payments will not reduce the limits of insurance.
2. If we defend an insured against a "suit" and an
indemnitee Qf the insured is also named as a party to
the "suit", we will defend that indemnitee if all of the
following conditions are met:
a. The "suit" against the indemnitee seeks damages
for which the insured has assumed the liability of
the indemnitee in a contract or agreement that is an
"insured contract";
b. This insurance applies to such liability assumed by
the insured;
c. The obligation to defend, or the cost of the defense
of, that indemnitee, has also been assumed by the
insured in the same "insured contract";
d. The allegations in the "suit" and the information we
know about the "occurrence" are such that no
conflict appears to exist between the interests of
the insured and the interests of the indemnitee;
e. The indemnitee and the insured ask us to conduct
and control the defense of that indemnitee against
such "suit" and agree that we can assign the same
counsel to defend the insured and the indemnitee;
and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the "suit";
(c) Notify any other insurer whose coverage is
available to the indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information related
to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met, attorneys'
fees incurred by us in the defense of that indemnitee,
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necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I -
Coverage A - Bodily Injury And Property Damage
Liability, such payments will not be deemed to be
damages for "bodily injury" and "property damage" and
will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee and
to pay for attorneys' fees and necessary litigation
expenses as Supplementary Payments ends when:
a. We have used up the applicable limit of insurance
in the payment of judgments or settlements; or
b. The conditions set forth above, or the terms of the
agreement described in Paragraph f. above, are no
longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds,
but only with respect to the conduct of a business
of which you are the sole owner.
b. A partnership or joint venture, you are an insured.
Your members, your partners, and their spouses
are also insureds, but only with respect to the
conduct of your business.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect to
their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors are
insureds, but only with respect to their duties as
your officers or directors. Your stockholders are
also insureds, but only with respect to their liability
as stockholders.
e. A trust, you are an insured. Your trustees are also
insureds, but only with respect to their duties as
trustees.
2. Each of the following is also an insured:
a. Employees and Volunteer workers
Your "volunteer workers" only while performing
duties related to the conduct of your business, or
your "employees", other than either your "executive
officers" (if you are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a limited
liability company), but only for acts within the scope
of their employment by you or while performing
duties related to the conduct of your business.
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However, none of these "employees" or "volunteer
workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if you
are a partnership or joint venture), to your
members (if you are a limited liability
company), to a co-"employee" while in the
course of his or her employment or
performing duties related to the conduct of
your business, or to your other "volunteer
workers" while performing duties related to
. the conduct of your business;
(b) To the spouse, child, parent, brother or sister
of that co-"employee" or that "volunteer
worker" as a consequence of Paragraph
(1 )(a) above;
(c) For which there is any obligation to share
damages with or repay someone else who
must pay damages because of the injury
described in Paragraphs (1)(a) or (b) above;
or
(d) Arising out of his or her providing or failing to
provide professional health care services.
If you are not in the business of providing
professional health care services, Paragraph (d)
does not apply to any nurse, emergency
medical technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or control of,
or over which physical control is being
exercised for any purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you are a
partnership or joint venture), or any member (if
you are a limited liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians of Your Property
Any person or organization having proper
temporary custody of your property if you die, but
only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only with
respect to duties as such. That representative will
Page9of18
have all your rights and duties under this Coverage
Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of yours
which is a legally incorporated entity of which you
own a financial interest of more than 50% of the
voting stock on the effective date of the Coverage
Part.
The insurance afforded herein for any subsidiary
not named in this Coverage Part as a named
insured does not apply to injury or damage with
respect to which an insured under this Coverage
Part is also an insured under another policy or
would be an insured under such policy but for its
termination or the- exhaustion of its limits of
insurance.
3. Newly Acquired or Formed Organization
Any organization you newly acquire or form, other than
a partnership, joint venture or limited liability company,
and over which you maintain financial interest of more
than 50% of the voting stock, will qualify as a Named
Insured if there is no other similar insurance availab!e
to that organization. However:
a. Coverage under this provision is afforded only until
the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organ ization.
4. Mobile Equipment
With respect to "mobile equipment" registered in your
name under any motor vehicle registration law, any
person is an insured while driving such equipment
along a public highway with your permission. Any other
person or organization responsible for the conduct of
such person is also an insured, but only with respect to
liability arising out of the operation of the equipment,
and only if no other insurance of any kind is available
to that person or organization for this liability. However,
no person or organization is an insured with respect to:
a. "Bodily injury" to a co-"employee" of the person
driving the equipment; or
b. "Property damage" to property owned by, rented to,
in the charge of or occupied by you or the employer
of any person who is an insured under this
provision.
Page 10 of 18
5. Nonowned Watercraft
With respect to watercraft you do not own that is less
than 51 feet long and is not being used to carry
persons for a charge, any person is an insured while
operating such watercraft with your permission. Any
other person or organization responsible for the
conduct of such person is also an insured, but only
with respect to liability arising out of the operation of
the watercraft, and only if no other insurance of any
kind is available to that person or organization for this
liability.
However, no person or organization is an insured with
respect to:
a. "Bodily injury" to a co-"employee" of the person
operating the watercraft; or
b. "Property damage" to property owned by, rented to,
in the charge of or occupied by you or the employer
of any person who is an insured under this
provision.
6. Additional Insureds When Required By Written
Contract, Written Agreement Or Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a written
contract, written agreement or because of a permit
issued by a state or political subdivision, that such
person or organization be added as an additional
insured on your policy, provided the injury or damage
occurs subsequent to the execution of the contract or
agreement.
A person or organization is an additional insured under
this provision only for that period of time required by
the contract or agreement.
However, no such person or organization is an insured
under this provision if such person or organization is
included as an insured by an endorsement issued by
us and made a part of this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to below
as vendor), but only with respect to "bodily injury"
or "property damage" arising out of "your products"
which are distributed or sold in the regular course
of the vendor's business and only if this Coverage
Part provides coverage for "bodily injury" or
"property damage" included within the "products-
completed operations hazard",
(1) The insurance afforded the vendor is subject to
the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in the
absence of the contract or agreement;
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(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the
product made intentionally by the vendor;
(d) Repackaging, except when unpacked solely
for the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes
to make in the usual course of business, in
connection with the distribution or sale of the
products;
(f) Demonstration, installation, servicing or
repair operations, except such operations
performed at the vendor's premises in
connection with the sale of the product;
(g) Products which, after distribution or sale by
you, have been labeled or relabeled or used
as a container, part or ingredient of any
other thing or substance by or for the
vendor; or
(h) "Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for
its own acts or omissions or those of its
employees or anyone else acting on its
behalf. However, this exclusion does not
apply to:
(i) The exceptions contained in Sub-
paragraphs (d) or (f); or
(ii) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business, in
connection with the distribution or sale of
the products.
(2) This insurance does not apply to any insured
person or organization, from whom you have
acquired such products, or any ingredient, part
or container, entering into, accompanying or
containing such products.
b. Lessors of Equipment
(1) Any person or organization from whom you
lease equipment; but only with respect to their
liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your maintenance, operation
or use of equipment leased to you by such
person or organization.
(2) With respect to the insurance afforded to these
additional insureds this insurance does not
apply to any "occurrence" which takes place
after the equipment lease expires.
HG00010605
cr Lessors of Land or Premises
Any person or organization from whom you lease
land or premises, but only with respect to liability
arising out of the ownership, maintenance or use of
that part of the land or premises leased to you.
With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on behalf
-of such person or organization.
d. Architects, Engineers or Surveyors
Any architect, engineer, or surveyor, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
(1) In connection with your premises; or
(2) In the performance of your ongoing operations
performed by you or on your behalf.
With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising
injury" arising out of the rendering of or the failure
to render any professional services by or for you,
including:
1. The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings and specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on your
behalf for which the state or political subdivision
has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not apply
to:
(1) "Bodily injury", "property damage" or "personal
and advertising injury" arising out of operations
performed for the state or municipality; or
(2) "Bodily injury" or "property damage" included
within the "products-completed operations
hazard".
Page 11 of 18
f. Any Other Party
Any other person or organization who is not an
insured under Paragraphs a. through e. above, but
only with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
(1) In the performance of your ongoing operations;
(2) In connection with your premises owned by or
rented to you; or
(3) In connection with "your work" and included
within the "products-completed operations
hazard", but only if
(a) The written contract or agreement requires
you to provide such coverage to such
additional insured; and
(b) This Coverage Part provides coverage for
"bodily injury" or "property damage" included
within the "products-completed operations
hazard".
With respect to the insurance afforded to these
additional insureds, this insurance does not apply
to:
"Bodily injury", "property damage" or "personal and
advertising injury" arising out of the rendering of, or
the failure to render, any professional architectural,
engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or
drawings and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
The limits of insurance that apply to additional insureds
under this provision is described in Section III - Limits
Of Insurance.
How this insurance applies when other insurance is
available to the additional insured is described in the
Other Insurance Condition in Section IV - Commercial
General Liability Conditions.
No person or organization is an insured with respect to the
conduct of any current or past partnership, joint venture or
limited liability company that is not shown as a Named
Insured in the Declarations.
SECTION III - LIMITS OF INSURANCE
1. The Most We will Pay
The Limits of Insurance shown in the Declarations and
the rules below fix the most we will pay regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought; or
Page 12 of 18
c. Persons or organizations making claims or bringing
"suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will pay
for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard"; and
c. Damages under Coverage B.
3. Prbducts-Completed Operations Aggregate Limit
The Products-Completed Opeiations Aggregate limIt
is the most we will pay under Coverage A for damages
because of "bodily injury" and "property damage"
included in the "products-completed operations
hazard".
4. Personal and Advertising Injury Limit
Subject to 2. above, the Personal and Advertising
Injury Limit is the most we will pay under Coverage B
for the sum of aii damages because of aii "personal
and advertising injury" sustained by anyone person or
organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the Each
Occurrence Limit is the most we will pay for the sum
of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property damage"
arising out of anyone "occurrence".
6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises Rented
To You Limit is the most we will pay under Coverage A
for damages because of "property damage" to anyone
premises, while rented to you, or in the case of
damage by fire, lightning or explosion, while rented to
you or temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or explosion,
the Damage to Premises Rented To You Limit applies
to all damage proximately caused by the same event,
whether such damage results from fire, lightning or
explosion or any combination of these.
7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is the
most we will pay under Coverage C for all medical
expenses because of "bodily injury" sustained by any
one person.
8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization be
HG 00 01 06 05
added as an additional insured on your policy, the
most we will pay on behalf of such additional insured is
the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or .
b. The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to
Limits of Insurance shown in the Declarations and
described in this Section.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to any
remaining period of less thaI! 12 months, starting with the
beginning of the policy period shown in the Declarations,
unless the poiiQY period is extended after issuance for an
additional period of less than 12 months. In that case, the
additional period will be deemed part of the last preceding
period for purposes of determining the Limits of Insurance.
SECTION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obligations
under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense, Claim
Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it that we
are notified as soon as practicable of an
"occurrence" or an offense which may result in a
claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or damage
arising out of the "occurrence" or offense.
b. f'Jotice Of Claim
If a claim is made or "suit" is brought against any
insured, you or any additional insured must:
(1) Immediately record the specifics of the claim or
"suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured must see to it that we
receive written notice of the claim or "suit" as soon
as practicable.
c. Assistance And Cooperation Of The Insured
You and any other involved insured must:
(1) Immediately send us copies of any demands,
notices, summonses or legal papers received in
connection with the claim or "suit";
(2) Authorize us to obtain records and other
information;
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(3) Cooperate with us in the investigation or
settlement of the claim or defense against the
"suit"; and
(4) Assist us, upon our request, in the enforcement of
any right against any person or organization which
may be liable to the insured because of injury or
damage to which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own cost,
voluntarily make a payment, assume any
obligation, or incur any expense, other than for first
aid, without our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suit" under this Coverage
Part that may also be covered by other insurance
available to an additional insured, such additional
insured must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to the
extent that you have agreed in a written contract or
written agreement that this insurance is primary
and non-contributory with the additional insured's
own insurance.
f. Knowledge Of An Occurrence, Offense, Claim
Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such "occurrence",
offense, claim or "suit" is known to:
(1) You or any additional insured that is an
individual;
(2) Any partner, if you or an additional insured is a
partnership;
(3) Any manager, if you or an additional insured is a
limited liability company;
(4) Any "executive officer" or insurance manager, if
you or an additional insured is a corporation;
(5) Any trustee, if you or an additional insured is a
trust; or
(6) Any elected or appointed official, if you or an
additional insured is a political subdivision or
public entity.
This duty applies separately to you and any additional
insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into a
"suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of its
terms have been fully complied with.
A person or organization may sue us to recover on an
agreed settlement or on a final judgment against an
Insured; but we will not be liable for damages that are
not payable under the terms of this Coverage Part or
Page 13 of 18
that are in excess of the applicable limit of insurance.
An agreed settlement means a settlement and release
of liability signed by us, the insured and the claimant or
the claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is available to
the insured for a loss we cover under Coverages A or
B of this Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b. below
applies. If other insurance is also primary, we will
share with all that other insurance by the method
described in c. below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess, contingent or
on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's Risk,
!nstallation Risk or similar coverage for "your
work";
(2) Premises Rented To You
That is fire, lightning or explosion insurance for
premises rented to you or temporarily occupied
by you with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover
your liability as a tenant for "property damage"
to premises rented to you or temporarily
occupied by you with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use
of aircraft, "autos" or watercraft to the extent not
subject to Exclusion g. of Section I - Coverage
A - Bodily Injury And Property Damage Liability;
(5) Property Damage to Borrowed Equipment Or
Use Of Elevators
If the loss arises out of "property damage" to
borrowed equipment or the use of elevators to
the extent not subject to Exclusion j. of Section I
- Coverage A - Bodily Injury And Property
Damage Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you covering
liability for damages arising out of the premises
or operations, or products and completed
operations, for which you have been added as
an additional insured by that insurance; or
Page 14 of 18
(7) When You Add Others As An Additional
Insured To This Insurance
Any other insurance available to an additional
insured.
However, the following provisions apply to other
insurance available to any person or
organization who is an additional insured under
this coverage part.
(a) Primary Insurance When Required By
Contract
This insurance is primary if you have agreed
. in a written contract or written agreement
that this insurance be primary. If other
insurance is also primary, we will share with
all that other insurance by the method
described in c. below.
(b) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract,
written agreement, or permit that this
insurance is primary and non-contributory
with the additionai insured's own insurance,
this insurance is primary and we will not
seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other
insurance to which the additional insured has
been added as an additional insured.
When this insurance is excess, we will have no
duty under Coverages A or B to defend the insured
against any "suit" if any other insurer has a duty to
defend the insured against that "suit". If no other
insurer defends, we will undertake to do so, but we
will be entitled to the insured's rights against all
those other insurers,
When this insurance is excess over other
insurance, we will pay only our share of the amount
of the loss, if any, that exceeds the sum of:
(1) The total amount that a/l such other insurance
would pay for the loss in the absence of this
insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described in this Excess
. Insurance provision and was not bought specifically
to apply in excess of the Limits of Insurance shown
in the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution by
equal shares, we will follow this method also. Under
this approach each insurer contributes equal
amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever
comes first.
HG 00 01 06 05
If any of the other insurance does not permit
contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance
of all insurers.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance
premium is a deposit premium only. At the close of
each audit period we will compute the earned
premium for that period and send notice to the first
Named Insured. The due date for audit and
retrospective premiums is the date shown as the
due date on the bill. If the sum of the advance and
audit premiums paid for the policy period is greater
than the earned premium, we will return the excess
to the first Named Insured.
c. The first Named Insured must keep records of the
information we need for premium computation, and
send us copies at such times as we may request.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations are accurate
and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance upon your
representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your business
that exist at the inception date of this Coverage
Part, we shall not deny coverage under this
Coverage Part because of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and any
rights or duties specifically assigned in this Coverage
Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named
Insured; and
b. Separately to each insured against whom claim is
made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others To
Us
a. Transfer of Rights Of Recovery
If the insured has rights to recover all or part of any
payment, including Supplementary Payments, we
have made under this Coverage Part, those rights
are transferred to us. The insured must do nothing
after loss to impair them. At our request, the
HG 00 01 0605
insured will bring "suit" or transfer those rights to us
and help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of recovery
against any person or organization for all or part of
any payment, including Supplementary Payments,
we have made under this Coverage Part, we also
waive that right, provided the insured waived their
rights of recovery against such person or
organization in a contract, agreement or permit that
was executed prior to the injury or damage.
9. When We Do Not Renew
If ...ve decide not to renev. this Coverage part, we will
mail or deliver to the first Named Insured shown in the
Declarations written notice of the nonrenewal not less
than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that has the
purpose of inducing the sale of goods, products or
services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However, "advertisement" does not include:
a. The design, printed material, information or images
contained in, on or upon the packaging or labeling
of any goods or products; or
b. An interactive conversation between or among
persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or threat of
exposure to the actual or alleged properties of
asbestos and includes the mere presence of asbestos
in any form.
4. "Auto" means a land motor vehicle, trailer or semitrailer
designed for travel on public roads, including any
attached machinery or equipment. But "auto" does not
include "mobile equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the above,
mental anguish or death at any time.
Page 15 of 18
6. "Coverage territory" means:
a. The United States of America (including its territories
and possessions), Puerto Rico and Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel or
transportation between any places included in a.
above; or
c. All other parts of the world if the injury or damage
arises out of:
(1) Goods or products made or sold by you in the
territory described in a. above;
(2) The activities of a person whose home is in the
territory described in a. above, but is away for a
- short time on your business; or
(3) "Personal and advertising injury" offenses that
take place through the Internet or similar
electronic means of communication
provided the insured's responsibility to pay damages is
determined in the United States of America (including its
territories and possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the substantive law in
such territory or in a settlement we agree to.
7. "Employee" includes a "leased worker", "Employee"
does not include a "temporary worker".
8. "Employment-Related Practices" means:
a. Refusal to employ a person;
b. Termination of a person's employment; or
c. Employment-related practices, policies, acts or
omissions, such as coercion, demotion, evaluation,
reassignment, discipline, defamation, harassment,
humiliation or discrimination directed at a person.
9. "Executive officer" means a person holding any of the
officer positions created by your charter, constitution,
by-laws or any other similar governing document.
10. "Hostile fire" means one which becomes uncontrollable
or breaks out from where it was intended to be.
i i. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be used
or is less useful because:
a. It incorporates "your product" or "your work" that is
known or thought to be defective, deficient,
inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract or
agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of
"your product" or "your work"; or
b. Your fulfilling the terms of the contract or agreement.
12. "Insured contract" means:
a. A contract for a lease of premises. However, that
portion of the contract for a lease of premises that
indemnifies any person or organization for damage
by fire, lightning or explosion to premises while
Page 16 of 18
rented to you or temporarily occupied by you with
permission of the owner is subject to the Damage
to Premises Rented To You Limit described in
Section III - Limits of Insurance;
b. A sidetrack agreement;
c. Any easement or license agreement, including an
easement or license agreement in connection with
construction or demolition operations on or within
50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection with
work for a municipality;
e. An elevator maintenance agreement;
f. Tha~ part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection with
work performed for a municipality) under which you
assume the tort liability of another party to pay for
"bodily injury" or "property damage" to a third
person or organization, provided the "bodily injury"
or "property damage" is caused, in whole or in part,
by you or by those acting on your behalf. Tort
liability means a liability that would be imposed by
law in the absence of any contract or agreement.
Paragraph f. includes that part of any contract or
agreement that indemnifies a railroad for "bodily
injury" or "property damage" arising out of
construction or demolition operations, within 50 feet
of any railroad property and affecting any railroad
bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing.
However, Paragraph f. does not include that part of
any contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications; or
(b) Giving directions or instructions, or failing to
give them, if that is the primary cause of the
injury or damage; or
(2) Under which the insured, if an architect, engineer
or surveyor, assumes liability for an injury or
damage arising out of the insured's rendering or
failure to render professional services, including
those listed in (1) above and supervisory,
inspection, architectural or engineering activities,
13. "Leased worker" means a person leased to you by a
labor leasing firm under an agreement between you
and the labor leasing firm, to perform duties related to
the conduct of your business. "Leased worker" does
not include a "temporary worker".
14. "Loading or unloading" means the handling of property:
a. After it is moved from the place where it is accepted
for movement into or onto an aircraft, watercraft or
lIauto";
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b. While it is in or on an aircraft, watercraft or "auto";
or
c. While it is being moved from an aircraft, watercraft
or "auto" to the place where it is finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not attached to
the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following types
of land vehicles, including any attached machinery or
equipment:
a,. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, maintained
primarily to provide mobility to permanently
mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in a" b., c. or d. above that
are not self-propelled and are maintained primarily
to provide mobility to permanently attached
equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building cleaning,
geophysical exploration, lighting and well
servicing equipment; or
(2) Cherry pickers and similar devices used to raise
or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than the
transportation of persons or cargo.
However, self-propelled vehicles with the following
types of permanently attached equipment are not
"mobile equipment" but will be considered "autos":
(1) Equipment, of at least 1,000 pounds gross
vehicle weight, designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or
resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted on
automobile or truck chassis and used to raise or
lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building cleaning,
geophysical exploration, lighting and well
servicing equipment.
HG 00 01 06 05
16. "Occurrence" means an accident, including continuous
or repeated exposure to substantially the same general
harmful conditions.
17. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising out of
one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into, or
invasion of the right of private occupancy of a room,
dwelling or premises that a person occupies,
,committed by or on behalf of its owner, landlord or
lessor;
d. Oral, written or electronic publication of material
that slanders or libels a person or organization or
disparages a person's or organization's goods,
products or services;
e. Oral, written or electronic publication of material
that violates a person's right of privacy;
f. Copying, in your "advertisement", a person's or
organization's "advertising idea" or style of
"advertisement";
g. Infringement of copyright, slogan, or title of any
literary or artistic work, in your "advertisement"; or
h. Discrimination or humiliation that results in injury to
the feelings or reputation of a natural person,
18. "Pollutants" mean any solid, liquid, gaseous or thermal
irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste
includes materials to be recycled, reconditioned or
reclaimed.
19. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property damage"
occurring away from premises you own or rent and
arising out of "your product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the job
site has been completed if your contract
calls for work at more than one job site.
(c) When that part of the work done at a job site
has been put to its intended use by any
person or organization other than another
contractor or subcontractor working on the
same project.
Work that may need service, maintenance,
correction, repair or replacement, but which is
otherwise complete, will be treated as
completed.
Page 17 of 18
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in or
on a vehicle not owned or operated by you,
and that condition was created by the "loading
or unloading" of that vehicle by any insured;
(2) The existence of tools, uninstalled equipment
or abandoned or unused materials; or
(3) Products or operations for which the
classification, listed in the Declarations or in a
policy schedule, states that products-
completed operations are subject to' the
Genera! Aggregate Limit.
20. "Property damage" means:
a. Physical injury to tangible property, including all
resulting loss of use of that property. All such loss
of use shall be deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the "occurrence"
that caused it.
As used in this definition, computerized or
electronically stored data, programs or software are
not tangible property. Electronic data means
information, facts or programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer software, including systems and
applications software, hard or floppy disks, CO-
ROMS, tapes, drives, cells, data processing devices
or any other media which are used with electronically
controlled equipment.
21. "Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage" or
"personal and advertising injury" to which this
insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such damages
are claimed and to which the insured must submit
or does submit with our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are claimed
and to which the insured submits with our
consent.
Page 18 of 18
22. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.
23. "Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope of
duties determined by you; and
d. Is not paid a fee, salary or other compensation by
you or anyone else for their work performed for
you.
24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business
or assets you have acquired; and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
product"; and
(2) The providing of or failure to provide warnings
or instructions.
c. Does not include vending machines or other
property rented to or located for the use of others
but not sold.
25. "Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your work",
and
(2) The providing of or failure to provide warnings
or instructions.e
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x
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL TRADE CONTRACTORS BROAD FORM
COMMERCIAL GENERAL LIABILITY ENDORSEMENT
This endorsemerit modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
1. Extended Property Damage Coverage ..... ................................... ...,................................. ........ ... ...............,............ ......1
2. Damage To Your Work............,...........,.... .............. ...................................... ................................................................. 2
:3 Contractors Limited Professional Liability. .......... ..................................... ... ....... .............. .............,.. ............... ............,.. 2
4. Past Partnerships and Joint Ventures ...........................................................................................................................2
5. General Aggregate Limits of Insurance (Per Project)....................................................................................................2
6. Waiver of Subrogation .......................... ... .................,........... ................ ........... .................... .............. ................. ...........2
7. Motor Vehicle Law ...................................................................................... ........................... ............ .... ........ ... ............. 2
8. Truth In Lending Errors And Omissions Liability............................................................................................................ 3
1. EXTENDED PROPERTY DAMAGE COVERAGE
Exclusion j. of Section I - Coverage A is deleted and
replaced by the following:
j. Damage to Property
"Property damage" to:
(1) Property you own, rent, or occupy, including any
costs or expenses incurred by you, or any other
person, organization or entity, for repair,
replacement, enhancement, restoration or
maintenance of such property for any reason,
including prevention of injury to a person or
damage to another's property;
(2) Property you hold for sale, storage, or
safekeeping;
(3) Property loaned to you while being used to
perform operations at the job site;
(4) Property on the premises of the insured for the
purpose of having operations performed on it by
any insured or on behalf of any insured;
(5) Personal Property in the custody of the insured
which is to be installed, erected or used in
construction by the insured or on behalf of any
insured;
(6) That particular part of any property:
(a) on which you or any contractor or
subcontractor working directly or
indirectly on your behalf are performing
operations, if the property damage arises
out of those operations; or
(b) that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
Paragraphs (3), (4), (5) and (6) of this exclusion
do not apply to liability assumed under a sidetrack
agreement.
Paragraphs (3), (4) and (5) of this exclusion do
not apply to "property damage" to personal
property that arises from the use of elevators.
Paragraph (6)(b) of this exclusion does not apply
to "property damage" included in the "products-
completed operations hazard".
Form HC 26421001
Page 1 of 3
@ 2001, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
SPECIAL TRADE CONTRACTORS BROAD FORM
COMMERCIAL GENERAL LIABILITY ENDORSEMENT
The insurance afforded by reason of this Provision is
excess over any other valid and collectible property
insurance (including any deductible portion thereof)
available to the insured whether primary, excess,
contingent or on any other basis.
2. DAMAGE TO YOUR WORK
Exclusion I. of Section I - Coverage A is replaced by
the following:
I. Damage to Your Work
"Property Damage" to that particular part of "your
work" out of which damage arises and included in
the "products-completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage arises
was performed on your behalf by a subcontractor.
3. CONTRACTORS LIMITED PROFESSIONAL
LIABILITY
The following exclusion is added to Paragraph 2.,
Exclusions of Section ! - Coverage A - Bodi!y
Injury And Property Damage Liability, and to
Paragraph 2., Exclusions of Section I . Coverage B -
Personal And Advertising Injury Liability:
This insurance does not apply to "bodily injury",
"prop~rty damage" or "personal and advertising
injury" arising out of the rendering of or failure to
render any professional services by you with respect
to your providing engineering, architectural or
surveying services in your capacity as an engineer,
architect or surveyor.
Professional services include:
(1) The preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders, or drawings
and specifications; and
(2) Supervisory or inspection activities performed as
a part of any related architectural or engineering
activities.
This exclusion does not apply to your operations in
connection with construction work performed by you
or on your behalf.
4. PAST PARTNERSHIPS AND JOINT VENTURES
a. The following is added to Section II - WHO IS AN
INSURED.
7. You are an insured for your interest in a
partnership or joint venture that ended prior to
this policy period. This insurance applies:
a. only to the extent of your interest in the
partnership or joint venture.
Page 2 of 3
b. only if no other similar insurance is
available to you for your interest in the
joint venture or partnership.
b. The last paragraph of Section II - Who Is An
Insured (following paragraph 6.e) is deleted and
replaced by the following:
Except as provided in 7. above, no person or
organization is an insured with respect to the
conduct of any current or past partnership, joint
venture or limited liability company that is not
shown as a Named Insured in the Declarations.
5. GENERAL AGGREGATE liMITS OF iNSURANCE
(PER PROJECT) -
The General Aggregate Limit under Section III -
Limits Of Insurance applies separately to each of
your projects away from premises owned by or rented
to you.
6. WAIVER OF SUBROGATION
The Transfer Of Rights Of Recovery Against Others
To Us Condition, Section IV - Commercial General
Liability Conditions, is amended by the addition of
the following:
We waive any right of recovery we may have against
any person or organization with whom you have a
contract that requires such waiver because of
payments we make for injury or damage arising out of
your ongoing operations, "your work" or included in
the "products-completed operations hazard" done
under a contract with that person or organization.
7. MOTOR VEHICLE LAWS
The following are added to Section IV - Commercial
General Liability Conditions:
1. When this Coverage Part is certified as proof of
financial responsibility for the future under the
provisions of any motor vehicle financial
responsibility iaw, the insurance provided by the
coverage part for Bodily Injury Liability or Property
Damage Liability will comply with the provisions of
the law to the extent of the coverage and limits of
insurance required by that law.
2. With respect to "mobile equipment" to which this
insurance applies, we will provide any liability,
uninsured motorists, underinsured motorists, no-
fault or other coverages required by any motor
vehicle insurance law. We will provide the
required limits for those coverages.
Form He 26 421001
8. TRUTH IN LENDING ERRORS AND OMISSIONS
LIABILITY COVERAGE
Section I - Coverages is amended to include Truth
In Lending Errors And Omissions Liability
Coverage
TRUTH IN LENDING ERRORS AND OMISSIONS
LIABILITY COVERAGE
a. Insuring Agreement
(1) We will pay those sums that the insured
becomes legally obligated to pay as damages
because of the operation of:
(a) Section 130, Civil Liability, of Title 1
(Truth in Lending) of the Consumer
Credit Protection Act (Public Law 90-
321 :82 Stat. 146, et. seq.) or
(b) any similar statute which applies to the
insured's civil liability within the "coverage
territory"; and the insured's error or
omission in failing to comply with that
statute.
(2) We will have the right and duty to defend the
insured against any "suit" seeking those
damages, However, we will have no duty to
defend the insured against any "suit" seeking
damages to which this insurance does not
apply. We may, at our discretion investigate
and settle any claim or "suit" that may result.
But:
(a) The amount we will pay for damages is
limited as described in Section III -
Limits Of Insurance; and
(b) Our right and duty to defend end when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B, or
under Truth In Lending Errors And
Omissions Liability Coverage, or medical
expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments below.
b. Exclusions
The insurance provided by this provision does not
apply to:
Form HC 26 421001
SPECIAL TRADE CONTRACTORS BROAD FORM
COMMERCIAL GENERAL LIABILITY ENDORSEMENT
(i) Dishonest, malicious, fraudulent, or criminal
acts or omissions.
This exclusion does not apply to any insured
who does not personally commit, acquiesce
in, or remain passive after having knowledge
of the actions giving rise to any claim or
"suit".
(2) Omissions that were committed by your
"employees" other than a partner, director,
"executive officer" or stockholder. This
exclusion does not apply if your "employees"
are acting under your direction and with your
knowledge.
(3) Any claim or "suit" for injury or damage
expected or intended from the standpoint of the
insured.
(4) Any claim or "suit" seeking criminal penalties or
an injunction of your activities.
c. Supplementary Payments
Section I - Supplementary Payments
Coverages A And B is changed to also apply to
Truth In Lending Errors And Omissions
Liability Coverage.
d. Limits Of Insurance
Section III - Limits Of Insurance is changed as
follows:
(1) The following is added to Paragraph 2. (the
General Aggregate Limit):
d. Damages under Truth In Lending Errors
And Omissions Liability Coverage.
(2) The following paragraph is added:
8. Subject to 2. above (the General
Aggregate Limit), and regardless of the
number of insureds, claims made, or
credit transactions involved, the most we
will pay under Truth In Lending Errors
And Omissions Liability Coverage is a
total of $100,000 during any single policy
period.
e. Conditions
Paragraph 4. of Section IV - Other Insurance of
Conditions is changed as follows:
All references to Coverages A or B are changed
to read Coverages A, B or Truth In Lending
Errors And Omissions Liability Coverage.
Page 30f3
E~HIBIT A
PUBLIC PERFORMANCE B~QMD
Collier County Parks 8t Recreation Fence Repairs
Bond NO.534712P
Contract No. 08-5062
KNOW ALL MEN BY THESE PRESENTS: That ~rter _Fence Company, rnc.
, as Principal, and ~lopers Sllr~ty .::Inn Tnd",mnity Company
as Surety, located at
17780 Fitch. Suite 700, Irvin"" CA 9261~
(Business Address) are held and firmly bound to
Board of County Commissioners of Co11 i pr r.olmty----' as Obligee in the sum of
Three Hundred Eighty One Thousand-.Eiye Hllnnrpn 8rui-DD-/-1-O-O- dollan::
($3Bl,.~M-n_J 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
____, 2008, with Obligee
day of
for
Co 11 i ",r COlmt~l'k& and ReCTeat-ion Fence Repairs-
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein 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 Obligee any and al! losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in jlhe 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 conn'2ded 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 peliormed hereunder, or Hle 5pecificCltion5 referred to therein shall in anywise 8ffect
its obligations under this bond, and it does hereby w8ivG noticG of emy such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC-C/\-A-4
This instrument shall be construed in all respects as a common law bond. It is
expressly understood th8t the timQ pro\Jidon~ ~nd ~t';:\tl\te 01 limitatim\s \\\\de\ 6ect\G\\
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the numbel" of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above paliies have executed this instrument this 2nd
day of October , 2008, the name of each party being affixed and these
presents duly signed by its undersign,:ld representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Inc.
BY:
NAME:
ITS: _ President
STATE OF -.\-=:\C:v.LS-'\( \
COUNTYOF C~C\~___
instrument was acknowledged before me this \0-
, 2008, by _~~~--C~C:\..( "\L./
__---- _~_ of ____C GL:L~ ~~~_ V\ '\...L
corporation, on behalf of the corporation.
day of
The foregoing
GG\-.
.--\?; p-,
as
, a
l-lo[cho is
J.~lvll"-' I
person~!Jy__ fmowu-lo me_ OR has produced ---~--~-
._-.-- as identification and did (did 110t) take an oath.
My Commission Expime Jv Ij ~ '1, <--'"-' ,(., ~~1:'':;;)'''~) \? ~y-
Name:-\-\(\\(\~"*,\-"\-:V \. CCi\..0L
(Legibly Printe~) ,
r;-
(AFFIX OFFICIAL SEAL) Notary Public, State of: \- L..-
Commission No.:I:?O~')"i ()~'(3'-1
NOTARY PUBliC.STATE OF FLORiDA
~"'\"""" Hanne1y Roque
fW ~Com.mission #DD570634
~,~,.:- Expires: JULy o~'. 20]9
f\()Ni)Ei) TIlRU ,mANTIC BONDING cO.. 1M...
GC-C/\-A-5
ATTEST:
SURETY:
Developers Surety and Indemnity Company
(Printed Name)
150 South Pine Isl ;m~ Rcl, Srp. .510
Plantaion, FL 33324
f!!=as~-- ..
Adrienne J. Leiter
(Printed Name)
OF,z
7\ttorn~Y in Fa}~
(Attach Power of Attorney)
~~._-
Adrienne J. LeiteL_~_
(Printed Name)
150 South Pine Island Rd.. &Le. 510
Plantation, FL 33324
(Business Address)
954-693-0270
(-roIDnhnn,'" 1\111n-~.I'or)
\ I ~I"-"'l'-'l ........... 1"'--' I' \.AI I 1"-'.......
STATE OF Florida
COUNTY OF Broward
-".__.__._~-_.~.~.-_._........--------
The foregoing instrument was acknowledged befon:; me this )nd _ day of
October _~, 2008, by _ AdrJ~!l!Le_.J_. Leiter______, as Attorney-In-Fact
of Developers Suren and I!l..(t~mn.i-n.,..., a ____ ___ Surety, on
behalf of Surety. He/Slle is p~?ffiBfHIMy kno to me OR has produced
N/A _~_____________ as IC en I Ica ion W 0 (did not) take an oath.
My Commission Expires:
April 10th, 2010
(Signaturej"
r\ilame:_ Dor~~n~ Shearin
(L_egibly Printed)
(AFFIX OFFICIAL SE:AL)
Notary Public, State of: Florida_
Commission No.: DD532].-?Ji______
~()'\,~y.~~~ DOREEN SHEARIN
*...~ * MY COMMISSION # DO 532756
~.. EXPIRES: April 10, 2010
"~OFf\.#'''' Bonded Thru Budget Notary Serv~&
C;C-CA-A-6
POWER OF AITORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
www.lnscoDico.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute
and appoint:
***Doreen M. Shearin, James L. Planamento, Stephen A. Murray, Adrienne J. Leiter, jointly or severally***
as its true and lawful Attorney(s}-in-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds. undertakings and contracts
of suretyship giving and &'Tanting unto said Attorney(s}-in-Fact full power and authority to do and to perfonn every act necessary, requisite or proper to be done in
connection therewith as the corporation could do. but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-
Fact, pursuant to these presents, are hereby ratitied and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS
SURETY AND INDEMNITY COMPANY effective as of November 1,2000:
RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute
Powers of Attorney, qualifying the Attorney(s}-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation. bonds, undertakings and contracts of
suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is. authorized to attest the execution of any such Power of
Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certiticate relating thereto by facsimile.
and any such Power of Attorney or certiticate bearing such facsimile signatures shall be valid and binding upon the corporation when so aftixed and in the future with
respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President
and attested by its Secretary this I st day of December, 2005.
By:
Walter A. Crowell. Secretaty
~.m~
,,,,"11111""
~~~1o""''l A.ND ;"","
........... ~~ :.....1..1...111.~()<<'.:'#4"",
I ~ ./'r::;~'P OR.. ;-....1-. \
E",/v ~'<~;
~:z! O~T. 1-"~
\'0', 1936 jgj
\~""" .....~l
.."'1~...,10WJ>. ....~-4. $
'''''1, () ............. )..~ ..........
##""""U~II"""''''''''
By: C-~=) ~-)
David H. Rhodes. Executive Vice-President
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December 1,2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the offic~'I"), personally appeared David H. Rhodes and Walter
A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instmment the person(s),
or the entity upon behalf of which the person(s) acted, executed the instnunent.
WITNESS my hand and official seal.
Signature
6rnd ~ ~
(SEAL)
f a ~ ~ ~ ~ ~I~~ ~. ~~~~E; ~ J
~. COMM. # 1569561 ~
NOTARY PUBUC CALIFORNIA
. ORANGE COUNTY
~ ~ _ ~ ~ ~~~IlL~~W
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of
Attorney remains in full force and has not been revoked, and furthelmore, that the provisions of the resolution ofthe respective Boards of Directors of said corporation
set forth in the Power of Attorney, is in force as of the date of this Certiticate.
This Certificate is executed in the City ofIrvine, Califomia, the 2nd day of October
2008
By
Albert Hillebrand, Assistant Secretary
~I-~
10-1438 (DS/) (Rev. ]2/05)
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance acceptable to the Owner shall be filed with the Owner within ten (10)
calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has
acquired and put in place the insurance coverages and limits required hereunder. In addition,
certified, true and exact copies of all insurance policies required shall be provided to Owner, on a
timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy,
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? [2J Yes D No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
b. Employers' Liability
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work,
D Applicable [2J Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
D Applicable [2J Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? [2J Yes D No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Persona! Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
General Aggregate $ 300,000
Products/Completed Operations Aggregate $ 300,000
Personal and Advertising Injury $ 300,000
Each Occurrence $ 300,000
Fire Damage $ 50,000
General Aggregate $ 500,000
Products/Completed Operations Aggregate $ 500,000
Personal and Advertising Injury $ 500,000
Each Occurrence $ 500 I 000
Fire Damage $ 50,000
X General Aggregate $1,000,000
Products/Completed Operations Aggregate $1,000,000
GC-CA-B-3
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$ 50,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
~ Applicable DNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
~ Applicable D Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work,
GC-CA-B-4
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? fZl Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
GC-CA-B-5
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-6
EXHIBIT C
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 , 2008 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(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) To the maximum extent permitted by law, 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
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2008, 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.:
GC-CA-C-1
EXHIBIT D
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)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
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
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; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
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)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount... ........... ...... ................................ .......$
Sum of previous Change Orders Amount ..........,............................$
This Change Order Amount ...........................................................$
Revised Agreement Amount......,...................................,.,.............. $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, 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.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-5
Authorized by
Director
(For use by Owner: Fund
Numbe~ )
Cost Center:
Date:
Object Code:
GC-CA-E-6
Project
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJ ECT:
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
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. 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
requirements of 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.
GC-CA-F-1
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
,2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2008
OWNER
By:
Type Name and Title
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
,2008
Bid No.:
Contractor:
Project No.:
Date:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
(Company Name)
(Signature)
(Typed Name & Title)
By Contractor:
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC-CA-H-1
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2,2 as the "Utilities",
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
GC-CA-H-2
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4,2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S" the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
GC-CA-H-4
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time, No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5,1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager 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 filed or reasonable evidence
indicating probable filing 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 by Contractor.
GC-CA-H-5
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named, Requests for review of
GC-CA-H-6
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
GC-CA-H-7
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8,1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e,g. interior or exterior wall
GC-CA-H-8
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, 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 suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 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.
9.3 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 its 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.
GC-CA-H-9
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 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 alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E 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.
10,3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
GC-CA-H-10
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 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.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Wrttten supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
GC-CA-H..11
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
GC-CA-H-12
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations,
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 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, worker's 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 Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14,2 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.
15. CLEANUP AND PROTECTIONS.
15.1 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.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
GC-CA-H-13
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. 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.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor 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.
17.2 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.
17.3 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.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the \Nork unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
GC-CA-H-14
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor, The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
GC-CA-H-15
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspensIon.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
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
GC-CA-H-16
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 punch-list.
20.2 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, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
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. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, 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 Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or 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 Substantial 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. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
GC-CA-H-17
to Contractor, at Contractor's expense. These warranties are In addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access, Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 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 Project
Manager 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 Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
GC-CA-H-18
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
GC-CA-H-19
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
GC-CA-H-20
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause,
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 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 for 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 moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25,2 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.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an 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 or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of 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
GC-CA-H-21
the Project Manager 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. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervIsing all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
vv'hether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents"
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property Of
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
GC-CA-H-22
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
GC-CA-H-23
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time,
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work, During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (OS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award,
32. SALES TAX SAVINGS AND DIRECT PURCHASE
GC-CA-H-24
32.1 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. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
GC-CA-H-25
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
GC-CA-H-26
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
GC-CA-H-27
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34. 1 . 1 0
34. 1 . 11
34.1.12
34.1.13
34. 1 . 14
34. 1 . 15
34. 1 . 16
34. 1 . 17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34. 1 .31
34.1.32
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Perm its
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
GC-CA-H-28
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. 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.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (V E) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
GC-CA-H-29
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISNMASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-I-1
EXHIBIT J
TECHNICAL SPECIFICATIONS
G C-CA-J-1
EXHIBIT K
PERMITS
GC-CA-K-1
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1