#09-5142 (Mitchell & Stark)LASIP PHASE 1B (North — South)
COLLIER COUNTY BID NO. 09 -5142
COLLIER COUNTY. FLORIDA
Design Professional:
Agnoli, Barber & Brundage
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
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Agnoli, Barber & Brundage
and identified as follows: LASIP Phase1 B (North — South) as shown
on Plan Sets 1 through 3.
EXHIBIT N: Contractor's List of Key Personnel
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
LASIP PHASE 1 B (North — South)
COUNTY BID NO. 09 -5142
Separate sealed bids for the construction of LASIP Phase 1B (North — South),
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
12th day of November 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 9:00 a.m. LOCAL TIME on the 29th
day of October 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, LASIP PHASE 113 (North — South) Bid No. 09 -5142 and
Bid Date of November 12, 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 -14) 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: www.colliergov.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.
GC -PN -1
Attorneys -in -fact that sign Bid 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 two hundred
eighty-five (285) 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 13th day of October 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
Agreement.
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 -14 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.
GC -I B -1
Bids received at the 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. Right 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. Signing 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
CK4EUIIc?
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 Agreement.
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 -8 -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 Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of Collier County business to receive
awards.
A "local business" is defined as a Collier County business that has a valid occupational
license issued by Collier County at least one year prior to bid or proposal submission to
do business within Collier County that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located
within the limits of Collier County from which the vendor operates or performs business.
Post Office Boxes are not verifiable and shall not by used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and
well -being of Collier County in a verifiable and measurable way. This may include, but
not be limited to, the retention and expansion of employment opportunities, the support
and increase to the County's tax base, and residency of employees and principals of the
business within Collier County. Vendors shall affirm in writing their compliance with the
foregoing at the time of submitting their bid or proposal to be eligible for consideration
as a "local business" under this section.
When a qualified and responsive, non -local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10 %) of the price submitted by the non -local business, then the local business
with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the
opportunity to submit, an offer to match the price(s) offered by the overall lowest,
qualified and responsive bidder.
GC -I B -5
In such instances, staff shall first verify if the lowest non -local bidder and the lowest
local bidder are in fact qualified and responsive bidders. Next, the Purchasing
Department shall determine if the lowest local bidder meets the requirements of Section
287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the
Purchasing Department shall invite the lowest local bidder to submit a matching offer to
the Purchasing Department which shall be submitted to the Purchasing Department
within five (5) business days thereafter. If the lowest local bidder submits an offer that
fully matches the lowest bid from the lowest non -local bidder tendered previously, then
award shall be made to the local bidder. If the lowest local bidder declines or is unable
to match the lowest non local bid price(s), than award will be made to the lowest overall
qualified and responsive bidder. If the lowest local bidder does not meet the
requirement of Section 287.087 F.S. and the lowest non -local bidder does, award will be
made to the bidder that meets the requirements of the reference state law.
Bidder must complete and submit with their proposal response, the Affidavit for
Claiming Status as a Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their proposal response will
preclude said Bidder from being considered for preference on this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to
one year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
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 -I B -6
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 Owner
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 -I B -7
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."
MOXI ,
"A COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252 -8407
FAX (239) 252 -0844
www.colliergov.net /purchasing
ADDENDUM
DATE: November 12, 2008
TO: Interested Bidders
FROM: Michael F. Hauer, CPPO — CPPB
Purchasing Acquisitions Manager
SUBJECT: Addendum # 2 —Bid #09 -5142, "LASIP Phase 1B (North & South) "
Addendum #2 covers the following change for the above - referenced Bid:
Add: New Biddable Items, 68 & 69
If you require additional information please call me at 239/252 -8965 or by e-mail at
Mi keHauereColliergov. net
cc: Shane Cox, Project Manager
Questions /Answers and Statement
Q. Is the Contractor responsible for cutting, capping and or restoring the irrigation
systems belonging to the condominiums along the 1 B North canal?
A. No, each condo association is responsible for decommissioning and then restoring
their own irrigation systems. However, at least fifteen calendar day prior to mobilization,
the selected contractor shall notify, in writing, each affected condo association advising
them of the scheduled date for mobilization.
Q. Will a separate line item be added to the bid tab list for pipe and or manhole
adjustments?
A. No, those costs, if any, shall be included within the existing line items. It is the
bidder's responsibility to familiarize themselves with the scope of work, the specific site
conditions and then determine how those conditions could affect their bid. Failure to do
so will not constitute a change order.
1) As a point of clarification, maintenance of Collier County's established positive
relationship with the developers of Treviso Bay is important. In order to honor and
protect the private property rights of Treviso Bay, as well as all adjacent property
owners, bids for the 1 B South portion of the project should be based on access from
the east side of the project only through public rights of way and easements. This was
demonstrated at the pre -bid meeting.
Also be advised that some but not all TCEs will be available for your use. The sheets
lacking TCEs along Treviso are Plan Sheets 11 (sta. 7 +91.30 to sta. 19 +28 + / -) and
13(sta. 37 +35 +/- to sta. 52 +50 + / -) and x -sec. sheets 30 -32 and 34 -36.
2) Likewise, access considerations for the 1B North portion of the project should be
carefully considered as well. County staff has secured use of the Brock Center property
shown on the plans at the south end of the canal on the west side. One suggested use
for this parcel would be parking and / or staging activities
"A COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252 -8407
FAX (239) 252 -0844
www.col liergov.net/purchasing
ADDENDUM
DATE: November 10, 2008
TO: Interested Bidders
FROM: Michael F. Hauer, CPPO — CPPB
Purchasing Acquisitions Manager
SUBJECT: Addendum # 1 —Bid #09 -5142, "LASIP Phase 1B (North & South) "
Addendum #1 covers the following change for the above - referenced Bid:
Change: The due date for bid submissions has been changed to 2:30 p.m. on
November 19, 2008.
Add: New Biddable Items ✓
Page 29A to be inserted after page 29
As- Builts & Design Standards
Pre -Bid Sign -In Sheets ✓
Question /Answers from Pre -Bid
FDOT Specifications for Rock ✓
Replace: Exhibit J, Section 8, Measurements and Payment ✓
Plan page 25 in 1B North ✓
CU -3 Site Plan ✓
Pump Specifications
If you require additional information please call me at 239/252 -8965 or by e -mail at
MikeHauer(a)Colliergov.net
cc: Shane Cox, Project Manager
Questions /Answers and Statement
Q. Is the Contractor responsible for cutting, capping and or restoring the irrigation
systems belonging to the condominiums along the 1 B North canal?
A. No, each condo association is responsible for decommissioning and then restoring
their own irrigation systems. However, at least fifteen calendar day prior to mobilization,
the selected contractor shall notify, in writing, each affected condo association advising
them of the scheduled date for mobilization.
Q. Will a separate line item be added to the bid tab list for pipe and or manhole
adjustments?
A. No, those costs, if any, shall be included within the existing line items. It is the
bidder's responsibility to familiarize themselves with the scope of work, the specific site
conditions and then determine how those conditions could affect their bid. Failure to do
so will not constitute a change order.
1) As a point of clarification, maintenance of Collier County's established positive
relationship with the developers of Treviso Bay is important. In order to honor and
protect the private property rights of Treviso Bay, as well as all adjacent property
owners, bids for the 1 B South portion of the project should be based on access from
the east side of the project only through public rights of way and easements. This was
demonstrated at the pre -bid meeting.
Also be advised that some but not all TCEs will be available for your use. The sheets
lacking TCEs along Treviso are Plan Sheets 11 (sta. 7 +91.30 to sta. 19 +28 + / -) and
13(sta. 37 +35 +/- to sta. 52 +50 + / -) and x -sec. sheets 30 -32 and 34 -36.
2) Likewise, access considerations for the 1 B North portion of the project should be
carefully considered as well. County staff has secured use of the Brock Center property
shown on the plans at the south end of the canal on the west side. One suggested use
for this parcel would be parking and / or staging activities
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LASIP Phase 1B (North - South)
BID NO. 09-6142
Full Name of Bidder , ckp d f 9-tar k Co us —I- Co. r NC. .
Main Business Address
Place of
Telephone No:o2,�9 -59-7- 41G5' Fax No: X39 -51 /o- Zj�(r
State Contractor's License # 6.2 A
%6S
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 manually, please submit an ORIGINAL and ONE
COPY of your bid pages.
U �
GC -P -1
BID SCHEDULE
LASIP Phase 1 B (North — South)
Bid No. 09 -5142
THE BID SCHEDULE IS AN ONLINE PROCESS. PLEASE INPUT YOUR PRICES
WHERE NOTED ONLINE. IF YOU ARE CHOOSING NOT TO BID ONLINE, PLEASE
PRINT A COPY OF THE ELECTONIC BID SCHEDULE AND SUBMIT WITH ALL
PROPER DOCUMENTATION BY THE REFERENCED DUE DATE AND TIME.
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
2.
3.
4.
5.
Dated /f' /Z�D� /Y%ft�e�i i S7�r�c (.a.�sl Co-_r-AX—
Bidder
BY:
a
GG -P -3
LIST OF SUBCONTRACTORS
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.
Category of Work Subcontractor and Address
2. r
3.
4.
5.
Dated /1—/_Z-0A 7ur/l f ��% s�' co-..I�-
Bidder
BY:
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
Reference
1.
o/�I '-t t
/'o.v r':-b. S(?ri mss
2.
Gaek- t Ue Ca .a
3.
A .1 ,-A-( ar•i 4�1 A a c.. (. <..rd c k-ni,c.r...Ac
N a. p ('a -C
4.
L) 17 ca
5.
i-
/nJ r
LCiLkos lJtl
Dated
Bidder
BY:
GC -P -5
TRENCH SAFETY ACT
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 Units of
Measure Measure
(Description) L( F,SY)
1. Siop• L%
2. Q o y L S
3.
13
5.
Unit Unit Extended
(Quantity) Cost Cost
/600 r46oc7
� ♦g'o0 /f°c7
TOTAL $ 2 So
Failure to complete the above may result in the Bid being declared non - responsive.
Dated 4d* l -1 STO e % 6s7: r'rYswG .
Bidder
BY:
GC -P -6
O1,L�l,
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB #:09.5142
STATE OF FLORIDA and the COUNTY OF COLLIER
BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE
PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE REGULATIONS THERETO.
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;
"Local Business" means a Collier County business that has a valid occupational license
issued by Collier County at least one year prior to bid or proposal submission to do
business within Collier County that authorizes the business to provide the commodities
or services to be purchased, and a physical business address located within the limits of
Collier County from which the vendor operates or performs business. Post Office Boxes
are not verifiable and shall not by used for the purpose of establishing said physical
address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well -being of Collier
County in a verifiable and measurable way. This may include, but not be limited to, the
retention and expansion of employment opportunities, the support and increase to the
County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local
business" under this section. A vendor who misrepresents the Local Preference status
of its firm in a proposal or bid submitted to the County will lose the privilege to claim
Local Preference status for a period of up to one year.
Please provide the following information for the Bidder:
Year Business Established in Collier County: S_ 3
Number of Employees (Including Owner(s) or Corporate Officers): a.(i2
Number of Employees Living in Collier County (Including Owner(s) or Corporate
Officers): ?$
GC -P -7
If requested by the County, bidder will be required to provide documentation
substantiating the information given in this affidavit. Failure to do so will result in
bidder's submission being deemed not applicable.
Bidder
Signature
Title
STATE OF FLORIDA
COUNTY OF COLLIER
C
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County,
on this Day of /L 6 U 20 _6,e?-.
Notary Public
My Commission Expires: / - ZZ-
(AFFIX OFFICIAL SEAL)
GC -P -8
NOTAg Pi Y.! -'- F ",', P, r) FLogjf'.,A
Belinda ;u;gbacher
Commission. # DD620455
'. Expires; J:1\. 22, 201.1
BONDED THAU ATLA.Y;IC BO \DLSG Co., ❑'C.
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 from 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 two hundred forty (240)
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 forty -five (45) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the
last day of such period.
Respectfully Submitted:
State of /__/
County of Co e,-
/' i 6aAi & A) M dr 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.
a AJ - A) JJCAz also deposes and says
that it has examined and carefully 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 -9
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
A, Q. which operates under the legal name of
:�*lell 4- sj;te& rr�s i • and the full names of its
officers are as follows:
President6ecl &Q '0
Secretary Ar ;o-.. / P_ dUA.0 -
Treasurer F col S'o iJ
Manager Ar , 6-A, _ eAj "emu
The 8P ;61,A.' 6 "Add -Z is authorized to sign construction bids
and contracts foxJ the company by action of its Board of Directors taken
/,2.— 2$ - b (o a certified copy of which is hereto attached (strike
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 /l— I1--0 4
GC -P -10
legal entity
Witness T/
Witness
STATE OF G�
COUNTY OF L'e id , e/'
BY: &e /z f" ,909k14- . Co T•�
Name of Bidder (Typed)
Signa ure
C 6 6
Title
The foregoing instrument was acknowledged before me this !? day of A16 V
2008, by & . a, toe .�Ner as of C>
of �, �r��il -( ,j����d._r7. mss. �C., a -t 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:
Sign ure of Notary)
r01N R. PLgelinea' B', � gbacher p /
Commission 4'')D622011 NAME: n %�4 517.�LIi
Expires: JAN' 22, (Legibly Printed)
BOSUETIIRU ATLANTIC BC' D"T\ Co..
ll INC'
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.: AD &.2a S
GC -P -11
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Mitchell and Stark Construction
Co., Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland
(herein called the Surety), a corporation chartered and existing under the laws of the state of
Maryland with its principal offices in the city of Baltimore and authorized to do business in the
State of Florida are held and firmly bound unto the Collier County Board of Commissioners
(hereinafter called the Owner, in the full and just sum of Five Percent of Maximum Bid
Amount dollars $ 5% good and lawful money of the United States of America, to be paid
upon demand of the Owner, to which payment well and truly to be made, the Principal and the
Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and
severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for
furnishing all labor, materials, equipment and incidentals necessary to furnish and install:
Bid No. 09 -5142 Lasip Phase 1B North -South
NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be
accepted, the Principal shall, within fifteen days after the date of a written Notice of Award,
execute a Contract in accordance with the Proposal and upon the terns, conditions and price(s)
set forth therein, of the form and manner required by the Owner, and execute a sufficient and
satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount
of 100 Percent of the total Contract price each in a form and with security satisfactory to the said
Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the
law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing
requirements within the time specified above, immediately pay to the aforesaid Owner, upon
demand, the amount hereof in good and lawful money of the United States of America, not as a
penalty but as liquidated damages.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly
signed and sealed this 12th day of November . 2008
MITCHELL AND STARK CONSTRUCTION CO., INC.
Principal
By
(Seal)
FIDELITY AND DEPOSIT CO NY OF MARYLAND
Surety
By
(Seal) X Anthony E. Ortman - Attorney -in -fact
Countersigned
Local Resident Producing Agent for Florida
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate, constitute
and appoint Anthony E. ORTMAN, Jo HOLLINGSWORTH and Ch ' , of Indianapolis,
Indiana, EACH its true and lawful agent and Attomey -in -F s ' ° , and on its behalf as
surety, and as its act and deed: any and all bonds ° , a uch bonds or undertakings in
pursuance of these presents, shall he as bi om yr ply, to all intents and purposes, as if they
had been duly executed and ack t. re r ers of the Company at its office in Baltimore, Md., in
their own proper pe �p�� fSA�t(o,; issued on behalf of Anthony E. ORTMAN, Andrew M.
HATHEWAY, Jo �W yi er M. JOACHIM. dated August 29, 2005.
The said Assistant..sb'y certify that the extract set forth on the reverse side hereof is a we copy of Article VI,
Section 2, of the By- s said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of January,
A.D. 2007.
ATTEST:
'Mp 9fPOdrr
1SN
State of Maryland i ss:
City of Baltimore J
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Eric D. Barnes Assistant Secretary
By:
William J. Mills Vice President
On this 23rd day of January, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM L MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposcth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
`1„purngry
ir t ,
'inid•�`c•
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA -F 044 -A
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.
1 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. Local Vendor Preference Affidavit completed.
8. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
9. Any addenda have been signed and included.
10. 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: 03 -5142
Project Name: LASIP Phase 1 B (North — South)
Opening Date: November 12, 2008
12. The Bid will be mailed or delivered in time to be received no later than the
specified opening 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
Bidder Name
Ge-6
Signature & Title
DATE: // —12— —6,9
GC -P -14
Collier County Online Bidding System - Admin - Vendor Profile Page 1 of 1
Vendor Profile
Vendor Info
Username BRIANPENNER
First Name Brian
Last Name Penner
Company Mitchell Stark Company, Inc.
Contractor Type General Contractor
Tax ro 350964820
E-mail Address boennerCam'tchelistark mm
Atldress 1 6001 Shirley Street
Address 2
City Naples
State FL
ZIP 34109
Phone (239) 59] -2165
Fax
Mobile Phone
Web Address htto,//
Active? Yes
Solicitation Preferences
Commodity Subcommodity
85011 - Awardees Only of Contract 08 -5011 (.that)
Online Bidding System Version 1.0 created by Vlslon Internet
httD: / /www.colliereov .net /bid /admin /vendor profile. asn? id= F8711)7Fn- R440- 4F7R -99A__ I1/]90OOR
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
um Umv-
LTR
- ORV CERTIFICATE OF
LIABILITY INSURANCE OP ID
POLICY NUMBER
NITCB -R 2
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Tobias Insurance Group, Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
9247 N. Meridian St. Ste. 300
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Indianapolis IN 46260
51,000,000
Phone:317 -844 -7759 Fax:317- 844 -9910
INSURERS AFFORDING COVERAGE NAIC#
INSURED
GL0464148403(08)
INSURERA: zniteL Amexle.e xu. Lb.gsny
03/01/09
INSURER B: Areb apeeS.ltY xuu co.
21199
Mitchell & Stark U0 t10II
S 10,000
INSURERG
S1,000,000
Companyy Inc. - lrid
Florida
6001 Sh�rle
INSURER D:
Street >
Naples FL 3109
INSURER E
GENERAL AGGREGATE
$2,000,000
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
um Umv-
LTR
NSRD
TYPE OF INSURANCE
POLICY NUMBER
-POLICY EFFECTIVE
DATE MMIDD
CYN
DATE MMN
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
51,000,000
•
X
X COMMERCIALGENERALLIABILITY
CLAIMS MADE ® OCCUR
GL0464148403(08)
03/01/08
03/01/09
PREMISES(Eexc�<nca)
x300,000
MEDEXP(MyOnep.m.)
S 10,000
PERSONAL$ AOV INJURY
S1,000,000
GENERAL AGGREGATE
$2,000,000
GENT AGGREGATE UNIT APPLIES PER
POLICY X JER LOC
PRODUCTS- COMP /OP AGG
$2,000,000
•
AUTOMOBILE
LIABILITY
ANYAUTO
BAP464148303 (O8)
03/01/08
03/01/09
COMBINED SINGLE LIMIT
(Ea acadmt)
$1,000,000
X
ALL OW NED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Fw person)
S
X
HIRED AUTO$
NON-OWNED AUTOS
BODILY INJURY
(Peraccid.Q
$
X
PROPERTY DAMAGE
(Peraccident)
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY: AGG
E
S
B
EXDESSAIMBRELLA LIABILITY
X GccuR cLAMS MADE
ULP000476303 (08)
03/01/08
03/01/09
EACH OCCURRENCE
$20,000,000
AGGREGATE
$20,000,000
$
DEDUCTIBLE
hX
S
RETENTION $ Q
$
A.
WORKERS COMPENSATION AND
EMPLOYERS•uABB.m
ANY PROPRIETORPARTNEP/EI(ECUTIVE
OFFICER/MEMBER EXCLUDED?
s, tlesuiba under
If PECIAL PROVISIONS belay
S
WC4 6414 8 5 03 (08)
03/01 0
/ 8
03/01/09
X TORY LIMITS ER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYE
31,000,000
E.L DISEASE - POLICY LIMIT
$ 1, 000, 0()o
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 7 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
COLLIER COUNTY BOARD OF
COMMISSIONERS
3301 EAST TAMIAMI TRAIL
NAPLES FL 34112
ACORD 25
COLLI -8 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EIWIRATIO
It1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DOW SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, TSAGENTS OR
IF YOU ARE THE RECIPIENT OF THIS CERTIFICATE:
ANY WORDING TO INCLUDE THE HOLDER AS AN ADDITIONAL INSURED, PROVIDE
COVERAGE ON A PRIMARY AND NON - CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF
SUBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
IF YOU ARE THE REQUESTOR TO PROVIDE THIS CERTIFICATE:
Tobias Insurance Group, Inc. has., upon your request, issued the attached
Certificate of Insurance.
If you did not already, we highly recommend that you provide our Agency
with a copy of the insurance and indemnification provisions of the
contract pertaining to the certificate request so that we may properly
ascertain whether your insurance program addresses the terms, types and
amounts of insurance coverage referenced by the contract.
While most certificates can be issued at no cost to you, the contract may
identify insurance requirements that require the purchase of insurance
coverage at an additional premium. In some instances, the coverage
identified in the contract may be outside the underwriting guidelines of
the insurance carrier and cannot be obtained. In other instances, you may
not wish to purchase the additional coverage and may attempt to negotiate
changes in the insurance requirements.
In performing the review of your contracts, neither Tobias Insurance
Group, Inc. nor its employees are providing legal advice or a legal
opinion concerning any portion of the contract. our Agency is not
undertaking to identify all potential liability that might arise under
this contract. This review is provided for your information and should
not be relied upon by third parties.
Any description of insurance coverage is subject to the terms, conditions,
exclusions and other provisions of the policies and any applicable
regulations, rating rules or plans.
BIDDER'S AND INSURANCE AGENT STATEMENT:
We understand the Insurance requirements contained in these specifications, and that
the evidence of said insurance may be required within five (5) business days of the
award of bid.
TOBIAS INSURANCE GROUP, INC
TIC
insuran A ncy
NICK J. RUTIGLIANO
GC- CA -B -5
Signature of Bidder's Agent
CORD CERTIFICATE OF LIABILITY INSURANCE OP ID C2 DATE (MMIDD YY Y)
A
MITCH -1 11/26/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Tobias Insurance Group, Inc HQ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
N M i
247 d St St 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
9 .
er>, an e.
Indianapolis IN 46260
Phone:317- 844 -7759 Fax:317- 844 -9910
Mitchell & Stark Construction
Co any, Inc. - Florida
:Erlex Street
Naples FL 3
COVERAGES
INSURERS AFFORDING COVERAGE
INSURERA S—icF Amezican ins. company
INSURER B: A Pb Specialty _Insurance Co.
INSURER C.
INSURER D'.
INSURER E:
NAIC #
21199
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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.
LTRINSR
TYPE OF INSURANCE
POLICY NUMBER
DATE(MMIFDD/YYE
PDA E�MM�DOATYIIO)N
LIMITS
NAPLES FL 33962
GENERAL LIABILITY
AUTH ZED REPRESENTATIVE
EACH OCCURRENCE
$1,000,000
PREMISES (Ea oeeurenes)-
A X
X COMMERCIAL GENERAL LIABILITY
310464148403(08)
03/01/08
03/01/09
,.$300,000
MED EXP (Any one person)
li
]CLAIMS MADE �� OCCUR
$ 10,000
PERSONAL &ADV INJURY
_
$- 1,000,000
-� _-
X,$5,000 Property
GENERAL AGGREGATE
$2,0_00,000_
!Damage - Deductible
PRODUCTS - COMPIOPAGO
$2,000 DDD
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY X PRO T LOO
JEC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$1,000,000
Ali !
ANY AUTO
BAP464148303(08)
03/01/08
03/01/09
(Edamiidenp
- -__ - - -—
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
$
L�HIRED
AUTOS
BODILY INJURY
X
NON-OWNED AUTOS
(Per accitlenl) -
$
_.
PROPERTY DAMAGE
(Per accitlenl)
GARAGE
LIABILITY
AUTO ONLY EA ACCIDENT
$
J
ANY AUTO
OTHERTHAN EA AGO
$
$
I
i
AUTO ONLY:
AGG
BRELLA LIABILITY
EACH OCCURRENCE
$20,000,000
$
XXC OCCR� CLAIMSMADE
ULP000476303(O8)
03/01/08
03/01/09
AGGREGATE
$20,000,000
$
DEDUCTIBLE
Is
RETENTION $O
WORKERS COMPENSATION AND
X TORY ATU-
MITS ER
A
EMPLOYERS' LIABILITY
WC464148503 (08)
03/01/08
03/01/09
_ -_ -�
E.L. EACH ACCIDENT
-_- - -.-__- 00
$1, 000,000
ANVCERIMEETOR/PARTNDED? CUTIVE
OFFICERIMEMBER EXCLUDED?
-- DISEASE -YE
E.L. DISEASE - EA EMPLOYEE
-
$ 1 , OOD ,DDD
if y"S SPEC describe PRO ISIO
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$ 1 , DOD , DDD
OTHER I
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ADDITIONAL INSURED[GENERAL LIABILITY]: COLLIER COUNTY, BOARD OF COUNTY
COMMISSIONERS & ANY OTHER CONTRACTUALLY REQUIRED ENTITIES BUT ONLY WITH
RESPECT TO OPERATIONS PERFORMED ON THEIR BEHALF BY OR FOR THE NAMED INSURED.
RE: LASIP PHASE 1B (NORTH- SOUTH)
CFRTIFICATF HOI DER CANCELLATION
COLLI -8
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
COLLIER COUNTY
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
BOARD OF COUNTY COMMISSIONERS
3301 EAST TAMIAMI TRAIL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
NAPLES FL 33962
REPRESENTATIVES.
AUTH ZED REPRESENTATIVE
ACORD 25 (2001108) 1 J °K. � . / ('- �FmT,urcu wrcrurcTal lury Taws
IF YOU ARE THE RECIPIENT OF THIS CERTIFICATE:
ANY WORDING TO INCLUDE THE HOLDER AS AN ADDITIONAL INSURED, PROVIDE
COVERAGE ON A PRIMARY AND NON - CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF
SUBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
IF YOU ARE THE REQUESTOR TO PROVIDE THIS CERTIFICATE:
Tobias Insurance Group, Inc. has, upon your request, issued the attached
Certificate of Insurance.
If you did not already, we highly recommend that you provide our Agency
with a copy of the insurance and indemnification provisions of the
contract pertaining to the certificate request so that we may properly
ascertain whether your insurance program addresses the terms, types and
amounts of insurance coverage referenced by the contract.
While most certificates can be issued at no cost to you, the contract may
identify insurance requirements that require the purchase of insurance
coverage at an additional premium. In some instances, the coverage
identified in the contract may be outside the underwriting guidelines of
the insurance carrier and cannot be obtained. In other instances, you may
not wish to purchase the additional coverage and may attempt to negotiate
changes in the insurance requirements.
In performing the review of your contracts, neither Tobias Insurance
Group, Inc. nor its employees are providing legal advice or a legal
opinion concerning any portion of the contract. Our Agency is not
undertaking to identify all potential liability that might arise under
this contract. This review is provided for your information and should
not be relied upon by third parties.
Any description of insurance coverage is subject to the terms, conditions,
exclusions and other provisions of the policies and any applicable
regulations, rating rules or plans.
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ( "Owner ") hereby contracts with Mitchell & Stark Const. Co. Inc.
( "Contractor ") of 6001 Shirley St. Naples FL 34109, a Florida corporation, authorized to
do business in the State of Florida, to perform all work ( "Work ") in connection with
LASIP Phase 1B (North — South), Bid No. 09- 5142( "Project'), as said Work is set forth
in the Plans and Specifications prepared by Agnoli, Barber, & Brundage, 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 million five hundred thirty
thousand seven hundred nineteen dollars and ninety cents ($3,530,719.90).
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.gov /c570 /c570.htm[ #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 Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute 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 Damages.
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 two hundred forty (240)
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 forty -five (45) 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
GC -CA -2
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
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, two thousand one
hundred twenty -one ($2,121.00) 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.
GC -CA -3
G. Final Acceptance by Owner.
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:
Performance and Payment Bond Forms
Exhibit B:
Insurance Requirements
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
Exhibit L:
Standard Details (if applicable)
Exhibit M:
Plans and Specifications prepared by Agnoli, Barber & Brundage
and identified as follows: LASIP Phase 1 B (North — South) as
shown on Plan Sets 1 through 3.
Exhibit N:
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:
R. Shane Cox
Collier County Stormwater Management
2885 Horseshoe Drive South
Naples, Florida 34104
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:
Brian Penner, Manager /CEO
Mitchell & Stark Const. Co. Inc.
6001 Shirley St.
Naples, FL 34109
Phone: (239) 597 -2165
Fax: (239) 566 -7865
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 any one 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.
[eAIIH61
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
TWO WITNESSES:
I�usst u Zl �13ulj re
,TWe/Print Narge �
SECOND WITNESS
K06E 42-:r Y-/ CV+ t_
Type /Print Name
Date: —0q
ATTEST:
Dwight E- Brock, Clerk
BY: •�
ftlei. a to fide s
AMS *V dorm
and Legal Sufficiency:
P�nt Name: �i3YP8N �-
Assistant County Attorney
CONTRACTOR:
Mitchell & Stark Const. Co. Inc.
Type /Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
GC -CA -8
ning
EXHIBIT A
PUBLIC PERFORMANCE BOND
LAMP Phase 1 B (North — South)
Bond No.7605-709
Contract No. 09 -5142
KNOW ALL MEN BY THESE PRESENTS: That Mitchell &Stark Construction Co., Inc.
600i Shirley St. Naples, FL as Principal, and Fidelity and Deposit Company of Maryland
as Surety, located at
P.O. Box 1227, Baltimore, Maryland 21
(Business Address are
Collier County Board of Commissioners
Three Millions Five Hundred Thirty Tho
held and firmly bound to
, as Obligee in the sum of
Seven Hundred nineteen dollar and ninety cents
719.90 ) for the payment whereof we bond ourselves, our heirs,
personal representatives, successors and assigns, jointly and
WHEREAS, Principal has entered into a contract dated as of the 22 day of
December 2008, with Obligee for
Contract No. 09 -5142
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:
Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all 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 the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance
with any formalities connected with the Contract or the changes do not affect
Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC- CA -A -4
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 22
day of December , 2008, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
STATE OF Florida
COUNTY Collier
2761 Fa. M-1
Mitchell & Stark Construction Co., Inc.
BY:
NAME Brian Penner
ITS CEO / VIP
The foregoing instrument was acknowledged before me this 22 day of
December 2008, by Brian Penner as
CEO / VIP of Mitchell & Stark Construction Co., Inc. , 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
nee Signa e)
of Name Belinda Burgbacher
INC (Legibly
(AFFIX OFFICIAL SEAL) Notary Public, State Florida
Commission DD620455
GC- CA -A -5
►_1011*11
Witn4sses to Surety
C�l'�
Witnesses
STATE Indiana
COUNTY OF Marion
r` -1n: »va
Fidelity and Deposit Company of Maryland
(Printed
9229 Delegates Row Suite 300
Indianapolis, IN 46240
(Business Address)_
r �
c° {Authorized Signature)
Anthony E. Ortman
(Printed Name)
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
312 -816 -4882
(Telephone Number)
The foregoing instrument was acknowledge before me this 22nd day of
December , 2008, by Anthony E. Ortman , aS Attorney -n -F -Fact
of Fidelity and Deposit Company of Maryland , a Corporate Surety, on
behalf of Surety. He /She is personally known to me OR has produced
Drivers License as identification and who did (did not) take an oath.
My Commission '_ALtc.(,.c4 (7• �GZyn
(Signature) j
Name Nancy A. Ramage
(Legibly Printed)
(AFFIX OFFICIAL Notary Public, State Indiana
Commission M,
[eio—WiLlLl7
EXHIBIT A
PUBLIC PAYMENT
LASIP Phase 1 B (North — South)
KNOW ALL MEN BY THESE PRESENTS
M T111
Bond No. 0 -'2 ', `%
Contract No. 09 -5142
Mitchell & Stark Construction Co., Inc.
, as Principal,
as
Surety, located at P.O. Box 1227, Baltimore, Maryland 21103
(Business Address) are held and firmly bound Collier County Bd of County Commissioners
as Obligee in the SUM Of Three Millions Five Hundred Thirty Thousand Seven Hundred nineteen dollar and ninety cents
($3,530,719.90 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and
WHEREAS, Principal has entered into a contract dated as of the 22 day of
December 2008, with Obligee for LASIP Phase 1B (North- South)
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:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 22
day of December 2008, the name of each party being affixed and these presents
duly signed by its under - signed representative, pursuant to authority of its governing
body
GC- CA -A -1
Signed, sealed and delivered
STATE OF Florida
COUNTY OF Collier
PRINCIPAL
Mitchell & Stark Construction Co. Inc.
BY
NAME Bri enner
ITS CEO/ VIP
The foregoing instrument was acknowledged before me 22 day of December
2008 , by Brian Penner , as CEO/ VIP of
Mitchell & Stark Construction Co. Inc. a Indiana corporation, on behalf ofthe
corporation. He /she is personally known to me OR has produced as
identification and did (did not) take an
My Commission
(AFFIX OFFICIAL
ATTEST:
nes es to/ u ety
/re igna f Notary)
NAME Belinda Burgbacher
(Legibly Printed)
GC- CA -A -2
Notary Public, State Florida
Commission DD620455
SURETY
Fidelity s Deposit Company of Maryland
(Printed
9229 Delegates Row Suite 300
In ianapo is IN 9
(Business Address i
Authori 'd Signature)
Anthony E. Ortman, Attorney -in -Fact
(Printed
SM."
Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF Indiana
COUNTY OF Marion
The foregoing instrument was acknowledge before me this 22nd day of
December 2008, by Anthony E. Ortman , as
Attorney -In -Fact of Fidelity and Deposit Company of Maryland
Surety, on behalf of Surety. He /She is personally known to me OR has produced
Drivers License as identification and who did (did not)
take an oath.
My Commission Expires: 0. G�x CCU
(Signature) Q
Name Nancy A Ramage
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: Indiana
Commission No.:
GC- CA -A -3
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By -taws of said Company,, are set forth on the
reverse side hereof and are hereby certified to he in full force and effect on the date h c ckis by nominate, constitute
and appoint Anthony E. ORTMAN,.Io HOLLINGSWORTH and Ch ' , of Indianapolis,
Indiana, EACH its true and lawful agent and Attorney- in -F�: d4_ _� and on its behalf as
surety, and as its act and load: any and all bonds a��k�' a �c� , � t such bonds or undertakings in
pursuance of these resents, shall be as hi (T 9� tt �a�tnply, to all intents and purposes, as if they
P P _ ��
had been duly executed and ackp ��uhe n,. � o i en of the Company at its office in Baltimore, Md., in
their own proper pe p0r6f o V, -�( issued on behalf of Anthony E. ORTMAN, Andrew M.
HATHEWAY, Jo Wk)F� iGtcr M. IOACHIM, dared August 29,2005.
The said Assistant cs creby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -L a said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-president and Assistant Secretary have hereunto subscribed their names and
affixed the Corporals Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day e-1' January,
A.D.2007.
ATTEST:
�p DtoOS/
/
a c
., n11 ?
4 r,...r
State of Maryland Iss:
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Eric D. Barnes As.sisrant Seeretan
By:
Willialn.l. Mills
A r
Vice President
On this 23rd day of January, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Maria D. Adanrski Notaiw Public
My Commission Expires: July 8, 2011
POA -F 044 -A
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI. Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one ol'the Assistant Secretaries, to appoint Resident
Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of (he Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to of fix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice - President who executed the said Power ol' Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duty called and held on
the 100h day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of' the said Company,
h Gr
this �d day of Ike e e �,l � '-f- d U .
it soiwuui Sr, reeve
CERTIFICATE OF LIABILITY INSURANCE OP ID C2
DATE(MMIDDIYYYV)
1
,i4,Coka MITCH -1
12/30/08
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BOARD OF COPMIISSIONERS
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Tobias Insurance Group, Inc HQ
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
9247 N. Meridian St. Ste. 300
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
$ 1, 000, 000
A
Indianapolis IN 46260
Phone: 317- 844 -7759 Fax: 317- 844 -9910
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURERA Zurich Ameriran ine C —Pan,
$300,000
INSURER B. A .b Specialty manran� cn.
wsuRERC _-
INSURER D.
21199
Mitchell s Stark Construction
Company, Inc. - Florida
6001 Shirley Street
Naples FL 34109
----- - - - - --
MED EXP(My one person)
$10,000
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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 4S6 - - - POLICYEFFECTIVE POLICYEXPIRATION --
LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MMIODIYY DATE (MMI LIMITS
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O $HALL
BOARD OF COPMIISSIONERS
GENERAL LIABILITY
3301 EAST TAMIAMI TRAIL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
NAPLES FL 33962
EACH OCCURRENCE
$ 1, 000, 000
A
X COMMERCIAL GENERAL LIABILITY
GL0464148403(08)
03/01/08
03/01/09
PREMISES�Eaoccue rat
$300,000
CLAIMS MADE OCCUR
MED EXP(My one person)
$10,000
PERSONAL B ADV INJURY
$5,000 Proi
$1,000,000_
GENERAL AGGREGATE
_
$2,000,000
_X
Dam aqe Deductible
PRODUCTS - COMPIOP AGO
GEN'L AGGREGATE LIMIT APPLIES PER
$2,000,000
POLICY IX JECOT LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$1,000,000
A
X
ANY AUTO
BAP464148303(08)
03/01/08
03/01/09
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULEDAUTOS
(Per person)
BODILY
$
X
HIRED AUTOS
X
NON-OWNED AUTOS
dent)
(Par accitlenp
PROPERTY DAMAGE
$
(Per accident)
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$ _.
AUTO ONLY AGG
$
EXCESSNMBRELLA LIABILITY
EACH OCCURRENCE
$ 20 , OOO , OOO
B
X OCCUR FICLAIMSMADE
ULP000476303(08)
03/01/08
03/01/09
AGGREGATE
$20,000,000
$
$
X1DEDUCTIBLE
RETENTION $ 0
$
i WORKERS COMPENSATION AND
X (TORY LIMITS ER
A
EMPLOYERS'
WC464148503(08)
03/01/08
03/01/09
E.L. EACH ACCIDENT
___ _
$1,000,000
IETORILfTY
". ANYPEIRIME TORIPACLUDEE %ECUTIVE
E.L. DISEASE - EA EMPLOYEE
$ 1 , OOO , OOO
OFFICERIMEe EXCLUDED?
P yee, describe and
EL DISEASE - POLICY LIMIT
$1 OOO 000
SPECIAL PROVISIONS below
ISIO
OTHER
DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
ADDITIONAL INSURED[GENERAL LIABILITY]: COLLIER COUNTY, BOARD OF COUNTY
COMMISSIONERS S ANY OTHER CONTRACTUALLY REQUIRED ENTITIES BUT ONLY WITH
RESPECT TO OPERATIONS PERFORMED ON THEIR BEHALF BY OR FOR THE NAMED INSURED.
RE: LASIP PHASE 1B (NORTH - SOUTH) BID 09 -5142
CERTIFICATE HOLDER CANCELLATION
COLLI -8
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
COLLIER COUNTY
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O $HALL
BOARD OF COPMIISSIONERS
3301 EAST TAMIAMI TRAIL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
NAPLES FL 33962
REPRESENTATIVES.
AL ZED REPRESENTATIVE
ACORD 25 (2001108) v 6-vx V. / m CORD CORPORATION 1988
'Al III U,
IF YOU ARE THE RECIPIENT OF THIS CERTIFICATE:
ANY WORDING TO INCLUDE THE HOLDER AS AN ADDITIONAL INSURED, PROVIDE
COVERAGE ON A PRIMARY AND NON - CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF
SUBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
IF YOU ARE THE REQUESTOR TO PROVIDE THIS CERTIFICATE:
Tobias Insurance Group, Inc. has, upon your request, issued the attached
Certificate of Insurance.
If you did not already, we highly recommend that you provide our Agency
with a copy of the insurance and indemnification provisions of the
contract pertaining to the certificate request so that we may properly
ascertain whether your insurance program addresses the terms, types and
amounts of insurance coverage referenced by the contract.
While most certificates can be issued at no cost to you, the contract may
identify insurance requirements that require the purchase of insurance
coverage at an additional premium. In some instances, the coverage
identified in the contract may be outside the underwriting guidelines of
the insurance carrier and cannot be obtained. In other instances, you may
not wish to purchase the additional coverage and may attempt to negotiate
changes in the insurance requirements.
In performing the review of your contracts, neither Tobias Insurance
Group, Inc. nor its employees are providing legal advice or a legal
opinion concerning any portion of the contract. Our Agency is not
undertaking to identify all potential liability that might arise under
this contract. This review is provided for your information and should
not be relied upon by third parties.
Any description of insurance coverage is subject to the terms, conditions,
exclusions and other provisions of the policies and any applicable
regulations, rating rules or plans.
EXHIBIT B
INSURANCE REQUIREMENTS
o CONTRACTOR shall at its own expense, carry and maintain insurance
coverage from responsible companies duly authorized to do business in
the State of Florida. As described in the attached Contract Insurance
Requirements form.
o The OWNER shall procure and maintain property insurance upon the
entire Project, if required, to the full insurable value of the Project. The
property insurance obtained by OWNER shall, at a minimum, insure
against the perils of fire and extended coverage, theft, vandalism,
malicious mischief, collapse, flood, earthquake, debris removal and other
perils or causes of loss as called for in the Contract Documents
o OWNER and CONTRACTOR waive against each other and Owner's
separate Contractors, Design Consultant, Subcontractors, agents and
employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the
proceeds of such insurance. CONTRACTOR and OWNER shall, where
appropriate, require similar waivers of subrogation from Owner's separate
Contractors, Design Consultants and Subcontractors and shall require
each of them to include similar waivers in their contracts.
o The OWNER shall be responsible for purchasing and maintaining, its own
liability insurance.
o 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 this Article 3, and certificates attached as Exhibit B to this
Agreement. Certificates must identify the specific Project name, as well as
the site location and address (if any).
o The General Liability Policy 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 interest's provisions.
o Collier County Board of County Commissioners shall be named as the
Certificate Holder. NOTE: The "Certificate Holder" should read as follows:
• Collier County
• Board of County Commissioners
• Naples, Florida
GC- CA -B -1
o 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.
o 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.
o 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.
o 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 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.
o 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 to the
date of their expiration. Failure of the CONTRACTOR to provide the
GC- CA -B -2
OWNER with such renewal certificate(s) shall be considered justification
for the OWNER to terminate the Agreement.
GC- CA -B -3
GO &T County
COLLIER COUNTY GOVERNMENT
CONTRACT INSURANCE
REQUIREMENTS
GC- CA -B -4
TYPE
LIMITS Check
X
Workers' Compensation
Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
x
Employer's Liability
$500,000
X
$1,000,000
X
Commercial General Liability
$500,000 per occurrence
X
$2,000,000 per occurrence
(Occurrence Form) patterned
bodily injury and property
bodily injury and property
after the current ISO form.
damage
damage
Airport Liability Insurance
$500,000 per occurrence
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
damage
Han arkee ers iability
$500,000 per aircraft
$1,000,000 per aircraft
Aircraft Liability Insurance
$500,000 per occurrence
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
damage
Business Automobile
$500,000 per occurrence
X
$2,000,000 per occurrence
Insurance
bodily injury and property
bodily injury and property
dama a
damage
Pollution Liability Insurance
$500,000 per occurrence
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
damage
Builders Risk Insurance
OWNER Will Purchase-Replacement Cost- All Risks of Loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department or individual name should appear on the Certificate. No other format will
be acceptable.
Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be
included on the certificate of insurance.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and /or Airport Liability where required.
GC- CA -B -4
BIDDER'S AND INSURANCE AGENT STATEMENT:
We understand the insurance requirements contained in these specifications, and that
the evidence of said insurance may be required within five (5) business days of the
award of bid.
Bidder
Signature of Bidder
GC- CA -B -5
Insurance Agency
Signature of Bidder's Agent
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 1 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:
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, as of
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.
2008, by
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
GC- CA -C -1
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.:
a
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*
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
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:
(Project Name)
Liquidated Damages to be Accrued $ Remaining Contract Balance $
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.:
Change Order Description
Original Agreement Amount .....................
Sum of previous Change Orders Amount.
This Change Order Amount .....................
Revised Agreement Amount .....................
FROM: Collier County Government
Construction Agreement Dated:
Date:
..... ............................... $
..... ............................... $
..... ............................... $
..... ......I ........................ $
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:
Approved by:
Approved by:
Department Director
Division Administrator
Purchasing Department
GC- CA -E -5
Date:
Date:
Date:
Authorized
Director
(For use by Owner: Fund
Number:
Cost Center:
GC- CA -E -6
Date:
Object Code:
Project
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
Design Professional's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
IC.
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
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
M
Design Professional
Type Name and Title
M
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
Type Name and Title
GC- CA -F -2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date: 2008
Contractor:
The following items have been secured by the
Project known as
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: Calendar Days.
Actual Final Completion Date:
YES NO
the
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
5.
6.
7.
8.
9.
10.
11.
12.
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
As -Built drawings obtained and dated:
Owner personnel trained on system and equipment operation.
Certificate of Occupancy No.:
issued on (attach to this form).
Certificate of Substantial Completion issued on
Final Payment Application and Affidavits received from Contractor on
Consent of Surety received on
Operating Department personnel notified Project is in operating phase.
All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
iE1
If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
By Design
GC- CA -G -1
(Company Name)
(Signature)
(Typed Name & Title)
Professional: (Firm Name)
(Signature)
(Typed Name & Title)
By Owner: (Department Name)
(Signature)
(Name & Title)
GC- CA -G -2
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:
CeZiai7_d:Srl
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 7:00 p.m. for 1B
South, and 8:00 a.m. to 5:00 p.m. for 1 B North. Monday through Friday. 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's 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.
GC- CA -H -4
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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)
GC- CA -H -5
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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,
GC- CA -H -6
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
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
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Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS- BUILTS 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 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub - Contractor's
personnel;
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
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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
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
GC- CA -H -9
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.
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
GC- CA -H -10
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
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. Written 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.
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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,
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
GC- CA -H -12
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
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.
GC- CA -H -13
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
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 Work 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
GC- CA -H -14
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)
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- letting 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.
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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
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
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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
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
GC- CA -H -17
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
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.
GC- CA -H -18
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
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 corrects 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
GC- CA -H -19
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor or any other person.
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
GC- CA -H -20
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
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 5.6, 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
any one 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
GC- CA -H -21
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
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,
whether 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 or
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
GC- CA -H -22
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
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,
GC- CA -H -23
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
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 (DS), 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 are 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.
NK.a - Z11
32. SALES TAX SAVINGS AND DIRECT PURCHASE
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. No markup shall be applied to sales tax. 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,
GC- CA -H -25
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
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
GC- CA -H -26
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub - subcontractors.
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 Subcontracts and Purchase Orders
relexey"s." W 1
34.1.2
Subcontractor Licenses
34.1.3
Shop Drawing Submittal /Approval Logs
34.1.4
Equipment Purchase /Delivery Logs
34.1.5
Contract Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34.1.8
Labor Costs
34.1.9
Material Costs
34.1.10
Equipment Costs
34.1.11
Cost Proposal Request
34.1.12
Payment Request Records
34.1.13
Meeting Minutes
34.1.14
Cost - Estimates
34.1.15
Bulletin Quotations
34.1.16
Lab Test Reports
34.1.17
Insurance Certificates and Bonds
34.1.18
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
34.1.21
Technical Standards
34.1.22
Design Handbooks
34.1.23
"As- Built' Marked Prints
34.1.24
Operating & Maintenance Instruction
34.1.25
Daily Progress Reports
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
34.1.28
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
34.1.31
PMIS Schedule and Updates
34.1.32
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 (VE) 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.
38. ABOVEGROUND /UNDERGROUND TANKS
An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762,
F.A.C. regulated tank requires notification to the 'County prior to installation or closure
of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty -eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty -eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation /closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor /project manager. Specifics on applicability, exemptions and requirements for
regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762,
F.A.C. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
GC- CA -H -29
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
GC- CA -H -30
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and /or services purchased as a part of this contract.
GC- CA -1 -1
EXHIBIT J
TECHNICAL SPECIFICATIONS
PLEASE SEE SEPARATE ELECTONIC ATTACHMENT FOR
SPECIFICATIONS
GC- CA -J -1
EXHIBIT K
PERMITS
GC- CA -K -1
EXHIBIT L
STANDARD DETAILS
GC- CA -L -1
EXHIBIT M
PLANS AND SPECIFICATIONS
PLEASE SEE SEPARATE ELECTONIC FILES FOR PLANS AND
SPECIFICATIONS
GC- CA -M -1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC- CA -N -1
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DATE:
TO:
FROM
RE:
Memorandum
January 13, 2009
Ray Carter, Manager
Risk Management Department
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Michael F. Hauer, CPPO, CPPB
Purchasing Acquisitions Manager U
Review of Insurance for: #09- 5142 "LASIP Phase 1 B (North — South)
Contractor: Mitchell & Stark
This Contract was approved by the BCC on December 16, 2008 Agenda 10.E
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/252 -8965.
cc: Shane Cox, TECM
DATE RECEIVED
JAN 14 2009
RISK M►�N►MENT
ITEM NO.:Dc? " pv—L— 01g, / DATE RECEIVED:
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
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Date:
January 13, 2009
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To:
Colleen Greene
Assistant County Attorney
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From:
Michael F. Hauer, CPPO, CPPB
Purchasing Acquisitions Manager
Re:
Contract #09 -5142 "LASIP Phase 1 B (North — South)"
Contractor: Mitchell & Stark
BACKGROUND OF REQUEST:
This contract was approved by the BCC on December 16, 2008
Agenda Item: 10.E
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
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