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#10-5376 (ITran Partners)
Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Road) COLLIER COUNTY BID NO. 10 -5376 COLLIER COUNTY, FLORIDA LAP FUNDED PROJECT FPID 420885- 1 -58 -01 Design Professional: Agnoli, Barber & Brundage RL"x gOeps*V. - 339tiamam:TrailEast-Napl ", Flprda 34112•..colllerpo eLptrehas,nq 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— LAP FUNDED PROJECT 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: Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Road) as shown on Plan Sheets 1 through 10. EXHIBIT N: Contractor's List of Key Personnel ! f PUBLIC NOTICE INVITATION TO BID Everglades City Lighting COUNTY BID NO. 10 -5376 Separate sealed bids for the construction of Everglades City Lighting (Collier Avenue — Copeland Avenue to Riverview Road), 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 2009, 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 Mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 2nd day of November 2009, 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, Everglades City Lighting, Bid No. 10 -5376 and Bid Date of November 12, 2009. 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 -15) 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.collier.gov.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 GC -PN -1 State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 23rd day of October 2009. 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 -15 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk /CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC -8 -1 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the 'Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. 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. 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. GC -IB -2 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 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. GC -I B -3 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. 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 GC-84 to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.5 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. GC -I B -5 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the 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 subcontractors for each category of Work as established by Owner. Bidders further GC -I B -6 acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -IB -7 Coder- County Admnistrative Services Division Purchasing Memorandum Date: November 2, 2009 Email: BrendaBrilhart(cDcolliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 /_191Q=1 ill Bill 'd From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #1 — ITB #10 -5376 Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Road) The following clarifications are issued as Addendum #1 identifying the following change (s) for the referenced bid: • Due to the brevity of questions asked at the pre -bid meeting, the meeting has been changed to non - mandatory. Dependent upon the outcome of the bid submittals, the payment and performance bonds may be waived by the Project Manager. The bid scheduled has been updated to include a line item for bonding. Bonding — Exhibit I - LAP: On contracts of $150,000 or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non - critical nature and nonperformance will not endanger the public health, safety, or property. The Department may require alternate means of security it if waives the requirement for a surety bond. • Questions must be placed on the e- procurement system (www.colliergov.net /bid) prior to close of Business November 6, 2009. To keep this project on the current timeline, responses to questions submitted after this cutoff will not be provided. • The ROW permit has already been pulled; the County will be reimbursed for the cost of the permit by the successful contractor; and an invoice for this permit shall be included in the awarded contractor's first invoice for billing against the LAP agreement. • This project does not fall under State highway regulations; therefore Collier County specifications /regulations will be followed. • The poles and lights that have to be relocated are in various physical condition, it is highly recommended that a site visit is made prior to bidding. A representative from the County will need to be on -site before the poles are relocated. • FDOT prequalification: The Department does not require the Contractor to be pre - qualified if bidding contracts of $250,000 or less or if constructing buildings. CHANGE: In Table of Contents Replace: EXHIBIT J: Technical Specifications With: EXHIBIT J: Technical Specifications: Specifications Package for Financial Project ID(s): 420885- 1 -58 -01 as reflected on Pages 1 through 9 See attached for clarification. In Exhibits: Exhibit "H" — General Conditions — Bid Document DELETE Sentences (Striked Through) On Pages GC- CA -H -17 & 18: 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. 'f, "'^ ^Re OF %NAFk WhiGh may be damaged as a result of suGh replaGemeRt or repa r. Further, Rotire ta Qag�ragterl at GentFaGtGF'G expen6e. These warranties RFA OR RdditiGR te these implied Note: Language deleted has been struck through. New language has been highlighted and underlined. If you require additional information please post a question on the eBid site or contact me (contact information above). c: Michael Greene, Project Manager, Transportation Planning Enc: Table of Contents Pre -bid Meeting Attendees List Bid Schedule 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 — LAP FUNDED PROJECT EXHIBIT J: Technical Specifications - Document identified as follows: Specifications Package for Financial Project ID(s): 420885- 1 -58 -01 as reflected on Pages 1 through 9. EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Agnoli, Barber & Brundage and identified as follows: Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Road) as shown on Plan Sheets 1 through 10. EXHIBIT N: Contractor's List of Key Personnel Attendees at Pre Bid Meeting November 2, 2009 Ted Cook, TMD Construction Company, Ft. Myers Alston Dia, Mizpah Electric, Lehigh Acres Joseph Campanella, Graybar Electric, Naples David Griggs, Coral Sands Construction, North Port Thomas Webb, Miller Electric, Jacksonville Chuck Bentley, Bentley Electric, Naples 0 Z w 0 0 a on c r J L Z. 60 co -p F LO EP > W N c N v v Yc_ G O d 10 O 3 a w z O a Q V C f0 GJ O O O) 3 C Q d O U O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 O G tn Y 0 a V a .0 M N O O c-I r-I 'C O CT lD V N M O N M N N Y Cr M N V1 M lD Ln V M Y_ C ` L O Y 0o O d x N O t7 3 b r oD Y cu C O O C 3 O � L -0 � O 0 aj C O O. a C L N N m O a D Q �D O N a X _ c m ` u" 3 up N O V 3 U L i0 o C 3 up t U U L O' o C = D up O > m u -' m c v U Jo t p � p K w U Jo V) -0 N O v 'B m O m L o m n is CO Y c U E H °J 0 U n0 -p 3 O N E v c 06 E O a to oo O L � 30 06 E O s w .00 t+ 2i 00 Y m m U N cr E O N d nco LIP "r6 C O N C N ±° c cu O co H p O Z E ci N N N N N ri N N M ti N V ti O O zt c-I N a N N 00 O V y y N 111 H N N Lll N V1 111 n l(1 1- Lfl V V1 111 L? Ln Vl L(1 Ln N Ln r, r, THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT. Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. All Required LAP forms attached. 6. Any delivery information required is included. 7. Immigration Affidavit Completed 8. Certificate of Authority to Conduct Business in State of Florida 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 12. The mailing envelope must be sealed and marked with: UBid Number UProject Name UOpening Date. 13. 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 COURIERDELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET ITran Partners Inc. Bidd r Name Signature & Titl na iel J. Kelly, V.P. Date: 11-12 -09 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Everglades City Lighting (Collier Avenue — Copeland Avenue to Riverview Road) BID NO. 10 -5376 Full Name of Bidder ITran Partners Inc. Main Business Address 1895 Seward Ave., Suite 4, Naples, FL 34109 Place of Business 1895 Seward Ave. , Suite 4, Naples, FL 34109 Telephone No. 239 -566 -2664 Fax No. 239 -566 -2969 State Contractor's License # EC13004176 Firm's Dun and Bradstreet Number (DUNS) (Found at www.dnb.com) Central Contractor Registration number (CCR) (Found at www.ccr.gov) Florida Certificate of Authority Document Number (http://www.sunbiz.org) 0226711 7q AT (' L i f, i_--'� `ru F., '111111 .T. To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC -P -13 z z W 0 0 a bA c Y to rn J L Y p V N m v F- m UM al W al N i l7 v Y_ 00 O tl vi L eX V1 � LJ 7 V C J rY 4v1 T 4" 2 U `n z r�) Q `J Y 0 � !� 'N � r . _ ix) m m m ri O Ln w N .o o n v .� 1-1 zr m o N v w v �y V H m V Y LL J LL J LL J LL J Q W Q W Q W Q W Q wl Q wl Q wl Q W Vi c G � N C O O V = X LL 9 O V L ba Y j C c p C7 > O v L ai J v O U v O (� ^--J SS C Q O N d' U U tab i'' > Vl a/ rb _ O 3 s L 3 O CL z al > ` O al bD p p - Lail C E E c Y '1- L1 N V U 3 O Y O -O > C Q al U X W � J x l v) u a v> m u" o o E n O p kD ;o v -0 c a, E N 0 OU LY w T — � � o m V Z C _O C al to m C C al a) LY w to ! UO O N N fl. w E E :J p > LL m -0 (Q E E E (Q -Fa a oii b21 L C LL p °' v LL v LL v LL a 'Y° O i+> N U U ' "O !-' > -6 aJ U al U 0 X o m 0 U bD W by c E m F U V U al al d t ba L bA S ba d Q O Z .-� N rl N ri N ri N N m ri rl O N N O O y ~ a-i ri N N 11 n dr rl O Ln rl Uf rl Ln :r Lll Ln Ln Ln rl In r1 111 N 111 r, u'1 rV L!1 rl In r-I Ln r1 lfl ri Ln rl vi L eX V1 � LJ 7 V C J rY 4v1 T 4" 2 U MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and /or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages as necessary. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The awarded prime contractor must self - perform 30% of the work. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories 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. (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. Major Category of Work 2 3 4 5 Subcontractor and Address Po 06K 2, 4 y 1 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. 1 2 3 C! 5 N. Project and Location 64,,4 Rd 70 A,,J. FL 50 `h 11 q - a ✓ln. nl� T/Q e, tvUr1,`s FL C titi -I�N< M ✓I�� -vSPT� C i,Hr I. Cfy, FL C, re Cam: Q 1- Pc I Pecdo Dow,4,n FJ'Mx Pri Slott - f.scG02 T F ri Mr riS FL 1- 75- T"P (_uv to 4' 15 Dated 11/12/09 Reference M; �4 U,, }o� 8,. -1,, "5 23H -22 r1- Sf1HS 6r e a.,,4 v �, : 1 a 4 1 A/.,� 23K- Zia - iooc M. tct NfI L".," 6J1 10ll 1N 2 3 9- 3 11 -3652 Fat I.SaltQy Let Co,n4,DUI 23q -533- KSoo .S C1 2rcA 1`a zt'n - C'iv EnH 23q-.32I- 7H5 9,kb. r Pe -I I 1, fie HP. )2 a, 5 23y- 557 -2 iq) ITran Partners Inc. Bidder BY: Daniel J. &I i6 ice President 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 (9096, 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 T.� e , 2 3 4 N7 Unit Unit Extended (Quantity) Cost Cost I t 1,00 .00 1 S006.0G TOTAL $ 5,00.00 Failure to complete the above may result in the Bid being declared nonresponsive. Dated 11 -12 -09 ITran Partners Inc. Bidder BY: aniel J. KeI Vice President Coder Cowtty Arimnistmbve Services Division Bid #:10-5376 Title: Everglades City Lighting This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name Print Name Signature STATE OF Florida ITran Partners Inc. 1- Title Vice President Date 11 -12 -09 COUNTY OF Collier The foregoing instrument was signed and acknowledged before me this �tday of 20 0 47, by ,�911iG �_ z- i(Fc -L who has produced (Print or Type re ✓ C�✓Lt, ) ;1u i „v F' _ as identification. l/ (Typ l ntification and mber) A Not Public Signature � r Printed Name of Notary Public 144 _.r1� ".>2-e/l ^S.n.+`...i/ti, "..r+J'•_n ,"....nr^'u^,�^ Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. 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 ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of collier Daniel J. Kelly, Vice President for ITran Partners_ 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. ITran Partners Inc. 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. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of ITran Partners Inc. , and the full names of its officers are as follows: President Joseph D. Bonness Secretary Kathleen M. Bailie Vice Pres. -TfeftftlfLaf Daniel J. Manager. The Vice President contracts for the company July 16, 2009 last sentence if not applicable). (b) CoPartnership is authorized to sign construction bids and by action of its Board of Directors taken a certified copy of which is hereto attached (strike out this The Bidder is a copartnership consisting of individual partners whose full names are as follows: The copartnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is DATED 11/12/09 f . ex , L- A--� /t 1:. t ZL` st. � Witnest Witness Florida Corporation legal entity BY: ITran Partners Inc. Name of Bidder (T ped) ignatur Dane J. Kelly Vice President Title and if STATE OF Florida COUNTY OF Collier The fore oing instrument was acknowledged before me this �f%ay of At/% e' 2009, by r � "GC_.c as L elk._ %l/c't ,wt�YT of 1 �'� ZAlc a r2 Az-. or1 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: Xe yZ dz�. (Si nature of Notary) _ NAME: O/%W/y (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of i' .�- w, b r7 Commission No.: ,bb CERTIFIED RESOLUTION OF ITRAN PARTNERS INC. I hereby certify that the Directors of ITRAN PARTNERS INC., a Florida Corporation (the "Corporation "), pursuant to the Articles of Incorporation and to by -laws of said Corporation approved the following Resolution: Be it resolved that Joseph D. Bonness, President, Daniel J. Kelly, Vice President, and Kathleen M. Bailie, Secretary; be authorized to sign construction proposals and contracts by action of its Board of Directors taken July 16, 2009 on behalf of ITRAN PARTNERS INC. �o•`vepflTNF.,,, ` SEAL `;� �' ,.2008.•; .`� ITRAN PARTNERS INC., a Florida Corporation By: Kathleen M. Bailie Corporate Secretary KNOW ALL MEN BY THESE PRESENTS, that we ITran Partners, 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 Schaumburg IL and authorized to do business in the State of Florida are held and firmly bound unto the The Board of County Commissioners of collier county FL (hereinafter called the Owner), in the full and just sum of Fivn Pencont of Amount Rid dollars ($ 5% of Amt Bd ) 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 Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Everglades City Lighting (Collier Avenue - Copeland Avenue to Riverview Road) Bid No. 10 -5376 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ s°isl ofAmt Bd noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused P' Wnts to be duly signed and sealed this 12th day of November : ••• ° °•••.. c hQ•; `QpPORgTF ••:Z�o ITr�n Partners, Inc. _ — , i'rinclpal E M —rT- V 11K11"! Daniel J. Kelly, V.P.' Eileen C. Heard, Attorney -in -fact and Florida "'1*mumTOW, Countersigned Licensed Resident Agent Local Resident Producing Agent for - Fidelity and Denosit company of Maryland 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 GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Z's hich are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the da}�{ I acreby nominate, constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Pe ` 11�p@ an �QQn C. HEARD, all of Tampa, Florida, EACH its true and lawful agent and After - - , t e�csS�s��.deiiver, for, and on its behalf as surety, and as its act and deed: any and o ert ' cation of such bonds or undertakings in pursuance of these presen Iy�','(�'`'kt m���`� 1u as fully and amply, to all intents and purposes, as if they had been d t . �ac`kn�gei�lhht gulz�ted officers of the Company at its office in Baltimore, Md., i= � p per , rrl` attorney revokes that issued on behalf of Richard P. RUSSO, JR., Tanya L. RUSS l eler A. THOMSON, Eileen C. HEARD, dated September 3, 2008. The said Assistant �'st e eby Lenity that the extract set forth on the reverse side hereof is a true 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 21 st day of July, A.D. 2(x)9. ATTEST: � ^� Of Fpfi i State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Bv: Gerald P. Haler Assistant Scrrcturr Williant J. Mills Vice President On this 21 st day of July, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known h, he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the exccuuon of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they arc the said of kers of the Company aforesaid, and that the seat affixed to the preceding instrument is the Corporate Seal of said Compam.:nd that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said 111.lo ntcm by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and alTixed nth Official Seal the day and year first above written. ipuuuy� � 11C Ill/ t< IIOL11MOCI RDd3.7 Muria D. Adarnski Notary Public My Commission Expires: July 8, 2011 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vt, 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 of 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 the 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 affix 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 dale of this certificate; and I do further certify that the Vice - President who executed the said Power of 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 duly called and held on the 10th 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 be 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, this day of /I/ . �Gu/ its wwa So relary Co er County Administrative Services Division Purchasing Memorandum Date: November 2, 2009 Email: Brenda Brilharl aacolliergov net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #1 — ITB #10 -5376 Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Road) The following clarifications are issued as Addendum #1 identifying the following change (s) for the referenced bid: • Due to the brevity of questions asked at the pre -bid meeting, the meeting has been changed to non - mandatory. Dependent upon the outcome of the bid submittals, the payment and performance bonds may be waived by the Project Manager. The bid scheduled has been updated to include a line item for bonding. Bonding — Exhibit I - LAP: On contracts of $150,000 or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non - critical nature and nonperformance will not endanger the public health, safety, or property. The Department may require alternate means of security it if waives the requirement for a surety bond. • Questions must be placed on the e- procurement system (www.colliergov.net /bid) prior to close of Business November 6, 2009. To keep this project on the current timeline, responses to questions submitted after this cutoff will not be provided. • The ROW permit has already been pulled; the County will be reimbursed for the cost of the permit by the successful contractor; and an invoice for this permit shall be included in the awarded contractor's first invoice for billing against the LAP agreement. • This project does not fall under State highway regulations, therefore Collier County specifications /regulations will be followed. • The poles and lights that have to be relocated are in various physical condition, it is highly recommended that a site visit is made prior to bidding. A representative from the County will need to be on -site before the poles are relocated. • FDOT prequalification: The Department does not require the Contractor to be pre - qualified if bidding contracts of $250,000 or less or if constructing buildings. CHANGE: In Table of Contents: Replace: EXHIBIT J: Technical Specifications With: EXHIBIT J: Technical Specifications: Specifications Package for Financial Project ID(s): 420885- 1 -58 -01 as reflected on Pages 1 through 9 See attached for clarification. In Exhibits: Exhibit "H" — General Conditions — Bid Document DELETE Sentences (Striked Through) On Pages GC- CA -H -17 & 18: 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) yeaF afteF Substantial Completion, any Work is found te be defeetive eF not in eenformance with 4ly afie. Feee pt of written odice f.c... materials or Work whieh may be damaged as a result of such replacement OF Fepa;F. FLIFtheF, on the event of an emeFgeney, Owner may eemmenee to eeffeet any defective Work, without ffiff netFee te Gentr-aeter, at GontFa6tE)F's expense. These warrant es are in additiOn t0 these iFnplied Note: Language deleted has been struck through. New language has been highlighted and underlined. If you require additional information please post a question on the eBid site or contact me (contact information above). c: Michael Greene, Project Manager, Transportation Planning Enc: Table of Contents Pre -bid Meeting Attendees List Bid Schedule 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 — LAP FUNDED PROJECT EXHIBIT J: Technical Specifications - Document identified as follows: Specifications Package for Financial Project ID(s): 420885- 1 -58 -01 as reflected on Pages 1 through 9. EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Agnoli, Barber & Brundage and identified as follows: Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Road) as shown on Plan Sheets 1 through 10. EXHIBIT N: Contractor's List of Key Personnel Attendees at Pre Bid Meeting November 2, 2009 Ted Cook, TMD Construction Company, Ft. Myers Alston Dia, Mizpah Electric, Lehigh Acres Joseph Campanella, Graybar Electric, Naples David Griggs, Coral Sands Construction, North Port Thomas Webb, Miller Electric, Jacksonville Chuck Bentley, Bentley Electric, Naples Certificate of Status I certify from the records of this office that ITRAN PARTNERS INC. is a corporation organized under the laws of the State of Florida, filed electronically on August 25, 2008, effective August 25, 2008. The document number of this corporation is P08000078688. I further certify that said corporation has paid all fees due this office through December 31, 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. Authentication Code: 080826113025-100134900721#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty Sixth day of August, 2008 f �tlr jBiTowimin 6ttrttdrV of 6tatt Joan Johnson From: coronline @dos. state.fl. us Sent: Tuesday, August 26, 2008 11:30 AM To: Joan Johnson Subject: Corporate Filing - 100134900721 Attachments: 080826113025- 100134900721 # 1. rtf l 080826113025 -100 134900721 #1.rt... The Articles of Incorporation for ITRAN PARTNERS INC. were filed electronically on August 25, 2008, effective August 25, 2008, as verified by the letter and authentication number shown below and were assigned document number P08000078688. Please refer to this number whenever corresponding with this office. Enclosed is the certification requested. Electronic filing and certification is provided for in section 15.16, Florida Statutes and has the same legal effect as any other filing or certificate. A corporation annual report /uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file /effective date year. A Federal Employer Identification (FEI) number will be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1 -800- 829 -4933 and requesting form SS -4 or by going to their website at www.irs.ustreas.gov. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have questions regarding corporations, please contact this office at the address given below. Loria Poole Regulatory Specialist II New Filings Section -- Division of Corporations - P.O. Box 6327 - Tallahassee, FL 32314 Letter Number: 080826113025- 100134900721 Please _. take - -a few Minute�to provide feedback on the - quality of service you received from our staff. The Florida Department of State values your feedback as a customer. Kurt Browning, Florida's Secretary of State, is committed to continuously assessing and improving the level and quality of services provided to you. Simply click on the link to the "DOS Customer Satisfaction Survey." Thank you in advance for your participation. DOS Customer Satisfaction Survey: http: // survey .dos.state.fl.us /index.aspx? email= Coronlineodos.state.fl.us 1 c STATE OF FLO[ A DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Wb ELECTRICAL C ONTRACTORS LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 -0783 PLAMONDON, ROBERTA M ITRAN PARTNERS INC 10 REPUBLIC DRIVE NAPLES FL 34112 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license) DETACH HERE C# (850) 487 -1395 STATE OF FLORIDA AC# 4 41108' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EC13004176 05/21/09 000000000 CERTIFIED ELECTRICAL CONTRACTOR PLAMONDON, ROBERTA M ITRAN PARTNERS INC IS .CERTIFIED under the provisions of Ch.489 H: expiration date. AUG 31, 2010 L09052100494 4411087 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL. CONTRACTORS LICENSING BOARD SEQ #L09052100494 The ELECTRICAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter Expiration date: AUG 31, 2010 PLAMONDON, ROBERTA M ITRAN PARTNERS INC 489 FS. 1895 SEWARD AVENUE SUITE 4 NAPLES FL 34109 CHARLIE CRIST CHARLES W. DRAGO GOVERNOR SECRETARY lIICPI 4V AC RF(.11 IIR Ff) RY I A1A/ Certificate of Status I certify from the records of this office that ITRAN PARTNERS INC. is a corporation organized under the laws of the State of Florida, filed electronically on August 25, 2008, effective August 25, 2008. The document number of this corporation is P08000078688. I further certify that said corporation has paid all fees due this office through December 31, 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. Authentication Code: 080826113025- 100134900721 #1 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty Sixth day of August, 2008 ACC)RD CERTIFIC� c OF LIABILITY INSURE - XE 05 /28/ 009IYYYY) 05/28/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh 3031 N. Rocky Point Drive, Suite 700 Tampa, FL 33607 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OF INSURANCE POLICY NUMBER 101266 - ITRAN- Cas -09 -10 INSURERS AFFORDING COVERAGE NAIC # INSURED ITRAN Partners, Inc. INSURER A: Travelers Property Casualty Company Of 25674 INSURER B: Everest National Insurance Co 10120 1895 Seward Avenue, Suite 4 Naples, FL 34109 INSURER C: 750 00 DAMAGE PREMISES Ea oovrence INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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. IN LTR ADD' INSR TYPE OF INSURANCE POLICY NUMBER OUCY EFFECTIVE DATE (MMIDDlY1') POLICY EXPIRATION DATE(MMIDD/YY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERALLIABILITY VTJ EXGL 580OB671 06101/09 06/01/10 EACH OCCURRENCE 750 00 DAMAGE PREMISES Ea oovrence $ 500,00 CLAIMS MADE [XI OCCUR MED EXP (Any one person) $ X 91R-$950onn PERSONAL& ADV INJURY $ 750,00 GENERAL AGGREGATE $ 2,000,00 GENERAL AGGREGATE LIMIT APPLIES PER X POLICY JECT LOC PRODUCTS - COMP /OP AG 2,000,00 A AUTOMOBILE X LIABILITY ANY AUTO VTC2J CAP 58006683 06101109 06101/10 COMBINED SINGLE LIMIT (Ea accident) $ 2,DDD,UD ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY -DAMAGE (Per accident) $ GARAGE UABLITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN E/+ACC $ $ AUTO ONLY: AGG B EXCESS /UMBRELLA LIABILITY X OCCUR 71 CLAIMS MADE 71010001117091 06/01/09 06/01/10 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 $ DEDUCTIBLE RETENTION $ A WORKER COMPENSATION AND EMPLOYERS' LIABILITY ANVPROPRIETOR/PARTN?(ECUTIVE OFFICER/MEMBER EXCLUDED? VTC20 UB 580OB66A 06/01/09 06/01110 X we STATU- OTH- FIR F.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 Has , describe antler SCIAL PROVISIONS below .L. DISEASE - POLICY LIMIT $ 1,000,00 A OTHER Auto Physical Damage VTJ BAP 58008695 06/01/09 06101/10 Comp /Collision Deductible: 2004 vehicles or newer: $5,000 20,000 Ibs or heavier: $10,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS For Informational Purposes Only CERTIFICATE HOLDER ATL- 001582844 -06 CANCELLATION ACORD 25 (2001/08) o ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TRAIN Partners, Inc. EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1895 Seward Avenue, Suite 4 Naples, FL 34109 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND INSURER, ITS AGENTS OR REPRESENTATIVES. IUIIIPOII��[U9AIN� [pTHE of Marsh nRc8ENTATN' Enca Connick ACORD 25 (2001/08) o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. o.....,...., -1 e.. -- e EXHIBIT I Local Agency Program (LAP) Requirements SUPPLEMENTAL TERMS AND CONDITIONS Refer to the Form and Reporting Requirements Exhibit to become familiar with all documentation and compliance reporting that must be submitted throughout the project. The following items must be submitted with the bid package. Any missing items will be considered a nonresponsive bid. REQUIRED FORMS IAttachedl N/A DBE /AA Plan Submit BOTH with Bid Package: If your DBE /AA Plan has not been �/ approved by FDOT: Disadvantaged Business Enterprise E FDOT DBE /AA Plan Affirmative Action Plan Approval Letter A sample DBE policy and plan (Form / 275- 030- 11B) has been provided DBE PLAN SUBMITTED WITH BID W Copy of DBE /AA Policy and with approval instructions. MUST BE APPROVED BY FDOT Plan N/A EEO /AA Plan Submit wit 'Bid Package: A sample EEO policy and plan has been provided. Equal Employment Opportunity Copy of EEO /AA Policy and Affirmative Action Plan Plan The EEO plan is not required to be approved by FDOT. 700- 011 -13 Notification of EEO Officer Submit with Bid Package 700 - 010 -52 Affidavit Vehicle Registration Submit with Bid Package 275- 030 -10 Bid Opportunity List Submit with Bid Package Exhibit P Declaration of Debarment Submit with Bid Package 700 - 010 -36 Certification of Sublet Work Submit with Bid Package 275- 030 -11A Anticipated DBE Statement Submit with Bid Package C -004 Certification of Non - segregated Submit with Bid Package ! I Facilities Provide FDOT Prequalification fi Submit with Bid Package The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and /or policy and guidelines of Collier County Government for the purpose of this engagement only. 2. Audit Reports (49 CFR Subtitle A Part 90, 48 CFR 31 Federal Acquisitions Regulations) In the event that a recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A -133. If the recipient expends less than $500,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A -133 is not required. If a recipient expends less than $500,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A -133, the cost of the audit must be paid from non - federal funds. 1 -1 Revised 10 -13 -2009 M C n LA Florida Department of Transportation CHARLIE CRIST 605 Suwannee Street GOVERNOR Tallahassee, FL 32399 -0450 March 30, 2009 Mr. Douglas E. McIntyre Intran Partners, Inc. 1910 Seward Ave. Naples, Florida 34109 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. McIntyre: STEPHANIE C. KOPELOUSOS SECRETARY The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: Intran Partners, Inc. has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation projects, it will not be necessary for you to submit a new plan. If you need any additional information, please contact me at (850) 414 -4750. S cerely, arol Gre Administrative Assistant Equal Opportunity Office /clg AFFIRMATIVE ACTION PLAN EXPIRATION: February 9, 2012 www. dot. state.fl.0 s ® RECYCLED PAFER E ITRAN PARTNERS, INC DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT 2009 FE3 It is the policy of Itran Partners, Inc that disadvantaged businesses, as defined by 49CFR Part 26, Subpart D and implemented under rule Chapter 14- 78,F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Chapter 14 -78, and Florida Statutes Chapter 287.042, shall apply to all contracts entered into between the Department of Transportation and Itran Partners, Inc. Subcontractors and /or suppliers to Itran Partners, Inc. are also bound by the requirements of Chapter 14 -78, and Florida Statutes Chapter 287.042. Itran Partners Inc. and its subcontractors take all necessary and reasonable steps in accordance with Chapter 14 -78, F.A.C., and Florida Statutes Chapter 287.042 to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation. Itran Partners Inc. and its subcontractors do not discriminate on the basis of race, color, religion, national origin, disability, sex, age, or veteran status, in the administration of the contracts with the Florida Department of Transportation. Itran Partners Inc. has designated and appointed a Officer to develop, maintain, and monitor the DBE Action Plan's implementation. The DBE Liaison responsible for disseminating this policy statement Itran Partners Inc. and to disadvantaged businesses. statement is posted on notice boards of the company. Douglas E. McIntyre, President Itran Partners Inc. 1910 Seward Ave Naples, FL 34109 January 23, 2009 DBE Liaison Affirmative Officer is throughout This policy .''? - - _ w.':!.�fi UCPP,' I(V, -�ti'vG 'K-'�3P' .ifiii'.. APPROVED 0!SAPPB7VEf.. __._.. DATE I. DESIGNATION OF DBE LIAISON OFFICER Itran Partners Inc. aggressively recruits disadvantaged businesses as subcontractors and suppliers of all contracts with the Department of Transportation. To further the recruitment and coordination of disadvantaged subcontractors, the Company has appointed a DBE Liaison Officer to develop and maintain the Affirmative Action Plan in accordance with the requirements of Chapter 14 -78. The DBE Liaison officer has the primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged business subcontractors in addition to the following specified duties: 1. The DBE Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Department of Transportation contracts. 2. The DBE Liaison Officer will submit all records, reports and documents required by the Department, and shall maintain such records for a period of not less than three years, or as directed by a specific contractual requirement of the Department. The following individual have been designated DBE Liaison Officer with the responsibility for implementing the Company's Affirmative Action program in accordance with the requirements of the Department. Douglas E. McIntyre Itran Partners, Inc. 1910 Seward Ave. Naples, FL 34109 (813) 597 -2181 ASL II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, Itran Partners, Inc. has identified the following known barriers to participation by disadvantaged business subcontractors, before describing its proposed affirmative action methods. 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work. 2. Lack of certified disadvantaged subcontractors who seek to perform Department of Transportation work. 3. Lack of interest in performing DOT work. 4 Lack of response when requested to bid. S. Limited knowledge of DOT plans and specifications well enough to prepare a responsible bid. In view of the barriers to disadvantaged subcontractors stated above, it is the policy of Itran Partners, Inc. to provide maximum opportunity to disadvantaged business subcontractors by utilizing the following affirmative action methods to ensure participation on contracts with the Department of Transportation. Itran Partners: 1. Provides written notice to a reasonable number of specific DBE subcontractors in all areas of work to be subcontracted by the company. 2. Advertises in disadvantaged focused media concerning subcontract opportunities with the company. 3. Selects portions of the work to be performed by DBEs in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation). 4. Provides adequate information about the plans, specifications, and requirements of the contract, not rejecting disadvantaged business subcontractors without sound reasons based on a thorough investigation of their capabilities. S. Waivers requirements of performance bonds where it is practical to do so. 6. Attends pre -bid meetings held by the Department to appraise disadvantaged business subcontractors of opportunities with the company. 7. Follows up on initial solicitations of interest in DBE contractors to determine with certainty whether the company is interested in the subcontractor's opportunity. Itran Partners, Inc. understands that this list of affirmative action methods are not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and /or determined the stated approaches to be ineffective. III. IMPLEMENTATION On contracts with specific DBE goals, Itran Partners, Inc. will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no specific goals, the company, as an expression of good faith, seeks to utilize DBE subcontractors where work is to be subcontracted. IV. REPORTING Itran Partners, Inc. shall keep and maintain such records as are necessary to determine the company's compliance with its DBE Affirmative Action Plan. The company designed its record keeping systems to indicate: 1. The number of DBE subcontractors and suppliers used by the company, identifying the items of work, materials and services provided. 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources. 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Department of Transportation projects. 4. The company shall comply with Florida Department of ® Transportation's requirements regarding payments to subcontractors including DBE's for each month (estimate period) in which the companies have worked. V. DBE DIRECTORY Itran Partners, Inc. developed a DBE Directory to be used in the performance of contracts awarded by the Department of Transportation. Each subcontractor will be assisted in obtaining certification with the Department. The company utilizes the Department's directory until all of its subcontractors have been certified. The company will distribute for number 275- 030 -01, schedule a certification form No. 1, to potential DBE contractors and assists in its completion. W Douglas E. McIntyre, President Itran Partners, Inc 1910 Seward Ave Naples, F1 34109 January 23, 2009 U.S. Department of Labor June 19, 2009 Ms. Naomi Rodriquez EEO Officer, Asst. Itran Partners, Inc. P.O. Box 8929 Naples, Florida 34101 Dear Ms. Rodriquez: Employment Standards Administration Wage and Hour Division Washington, D.C. 20210 This is in response to your request for permission to make certain payroll deductions from wages paid to a worker employed on projects subject to the Davis -Bacon and related Acts (DBRA) labor standards provisions. Your firm is requesting permission to make payroll deductions for uniforms. As set forth in Department of Labor Regulations, 29 CFR Part 3.6, certain requirements must be met before permission may be granted to make the requested payroll deductions. These requirements are: (1) the contractor or any affiliated person does not make a profit or benefit directly or indirectly from the deduction, (2) the deduction is not otherwise prohibited by law, (3) the deduction is voluntarily consented to by the employee in writing and such consent is not a condition of employment or the deduction is provided for in a bonafde collective bargaining agreement, and (4) the deduction serves the convenience and interest of the employee. Based on the affirmations contained in your letter that your fum will comply with the requirements in 29 CFR Part 3.6, permission is hereby granted to the firm to make the payroll deduction for uniforms for all current and future DBRA contracts for a period of one year from the date of this letter. Sincerely, D , Timothy J. Helm Chief, Branch of Government Contracts Enforcement Office of Enforcement Policy a rtNe/ M�� Y 1 rr e „A Florida Department of Transportation CHARLIE CRIST GOVERNOR May 11, 2009 MR RICK DARDAS INTRAN PARTNERS INC 1910 SEWARD AVE NAPLES FL 34109 605 Suwannee Street Tallahassee, FL 32399 -0450 RE: EEO AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Dardas: STEPHANIE C. KOPELOUSOS SECRETARY The Equal Employment Opportunity Affirmative Action Plan submitted by: INTRAN PARTNERS INC has been received. Please update any changes to your plan as they occur. If you need any additional information, please call me at (850) 414 -4747. Sin rely, Carol Gree e Administrative Assistant Equal Opportunity Office /cg Attachment(s) www.dot.state.fl.us :. RAN PARTNERS INC. Lighting, Signalization & Intelligent Transportation Solutions 1'` -- 2099 FEB -9 AIR II l:S AFFIRMATIVE ACTION PLAN REGARDING EQUAL EMPLOYMENT OPPORTUNITY Page 1 of 8 It is the continuing policy of Itran Partners, Inc. to hire and employ qualified reliable and productive employees without regard to race, color, religion, age, sex, national origin, disability or veteran status. In order to implement this policy, the company hereby adopts the following Affirmative Action Program: 1. To assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, age, disability, national origin, or veteran status. Such action shall include: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre - apprenticeship, and /or on- the -job training. 2. The Equal Employment opportunity responsibilities and the discrimination complaint procedures are assigned to the company's Equal Employment Opportunity Officer. 3. Itran Partners Inc. will comply with all applicable provisions (Parts II, III, IV) of Executive Order 11246, dated September 24, 1965, regarding Equal Employment opportunity. All superintendents, foremen, office managers and other personnel having the responsibility of hiring, promoting, laying off or disciplining employees, will read and be familiar with the above order and this Affirmative Action Plan. P.O. Box 8929 • Naples, FL 34101 • (239) 566 -2664 • Fax (239) 566 -2969 • www.ItranPanners.com Page 2 of 8 4. Itran Partners Inc. actual compliance with various laws relating to employment by furnishing such reports, records and other matters as requested in order to foster the program of equal opportunity for all persons regardless of race, religion, color, age, sex, national origin, disability or veteran status. Furnish the FAA and the Department of Labor such information as they may require for the supervision of such compliance, and to assist in the responsibility for securing compliance. 5. Itran Partners, Inc. refrains from entering into any agreement with a contractor debarred from, or who has not demonstrated eligibility for Government Contracts and Federally Assisted Construction Contracts or applicable parts of Executive Order 11246. 6. Itran Partners makes certain that all recruiting activities are carried out on a non - discriminatory basis. 7. In requesting workers from hiring sources, Itran Partners, Inc will ask for qualified workers, minorities /non- minorities. we will ask for written assurance from hiring sources, that admission to their referral facilities is open on equal terms to all qualified persons without discrimination based on race, religion, color, sex, age, disability, national origin or veteran status. S. In all advertisements for employees, such advertisements contain the phrase "AN EQUAL OPPORTUNITY EMPLOYER ". Publications of special interest to minority groups will be given employment advertisement when feasible. 9. Itran Partners, Inc seeks minority group referrals or applicants for journeyman positions and employ in all skills and crafts. Page 3 of 8 10. Itran Partners, Inc, will contact appropriate minority groups and organizations to solicit for employees where other methods have failed to produce an integrated work force. 11. Itran Partners, Inc. makes its hiring policy and Equal Employment Opportunity Affirmative Action Plan known to all subcontractors and insists that they also comply with this policy. 12. Itran Partners, Inc. has established a system for the filing and processing of complaints of discrimination by employees and applicants for employment so as to assure prompt and equitable handling. This system includes procedures to protect from reprisal those employees who filed complaints of discrimination or the appearance of such; such complaints are reported to the Project Engineer or the Equal Employment Opportunity Representative at the site without delay. Instructions are provided to the supervisory staff at all levels as to methods of dealing with procedures or discrimination which may be directed at minority group employees. 13. Discharge of employees for cause, ability or work performance shall not be influenced by an employees race, religion, color, sex, age, disability, national origin or veteran status. Lay offs of employees due to lack of work shall be based solely on need, work performance and work ability. Documentation of the reasons for such actions shall be maintained. 14. Itran Partners, Inc. working in conjunction with the Florida Transportation Builders Association will provide minority group applicants and employees with equal opportunities by actively seeking and sponsoring members of minority groups for re- apprenticeship training. All management and other employees in a position to implement this policy, including those engaged in recruiting, hiring, promoting, and training, to include on- the -job training and other personnel activities, will be fully advised of their responsibilities for effective implementation. 15. Itran Partners provides opportunities for upgrading permanent minority group employees at the home office and /or job sites. Page 4 of 8 16. Itran Partners evaluates the qualifications of employees referred through the usual sources to determine that their skills and capabilities are being properly used or may be more fully utilized or may warrant their advancement or transfer to other types of jobs readily leading to advancement by inquiring into work experience and skills of employees. 17. Itran Partners actually participates individually or through an association in joint apprenticeship committees to achieve equality of opportunity for minority group applicants or employees to participate in apprenticeship programs. 18. All supervisory personnel will be fair, considerate and firm with all employees, to expect and receive a fair day's work for a day's pay without favoritism or consideration to an employee's race, religion, color, sex, age, disability, national origin or veteran status. 19. Job superintendents will have the overall responsibility of carrying out company Equal Employment Opportunity policies and this Affirmative Action Program at their respective job sites. When work is begun on each new project, the superintendent will be informed on Equal Employment Opportunity matters concerning the particular project. 20. Goals and timetable are as established by the State of Florida and will vary, depending upon the project location. 21. Itran Partners. documents and maintains records of its efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. We obtain lists of minority owned construction firms from State Highway Agency personnel. We use our best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. Page 5 of 8 22. Itran Partners ensures and maintains a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which Itran Partners' employees are assigned to work. Where possible, we will assign two or more women to each construction project. Itran Partners will specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out Itran Partners obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 23. Itran Partners has established and maintains a current list of minority and female recruitment sources provide written notification to minority and female recruitment sources and to community organizations when Itran Partners, has employment opportunities available, and maintain a record of the organizations' responses. 24. Itran Partners maintains a current file of the names, addresses and telephone numbers of each minority and female off - the- street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect of each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to Itran Partners by the union or, if referred, not employed by Itran Partners, this shall be documented in the file with the reason therefore, along with whatever additional actions Itran Partners may have taken. 25, Itran Partners provides immediate written notification to the Director when the union or unions with which Itran Partners has a collective bargaining agreement has not referred to Itran Partners a minority person or woman sent by Itran Partners, or when Itran Partners has other information that the union referral process has impeded Itran Partners efforts to meet its obligations. Page 6 of 8 26. Itran Partners has developed on- the -job training opportunities and /or participates in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and training programs relevant to Itran Partners' employment needs, especially those programs funded or approved by the Department of Labor. Itran Partners shall provide notice of these programs to the source as required. 27. Itran Partners disseminates their EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting Itran Partners in meeting its EEO obligations; by including it in our policy manual; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 28. Itran Partners reviews, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, Foremen, etc., prior to the initiation of construction work at any job site, A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 29. Itran Partners disseminates its EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing Itran Partners' EEO policy with other Contractors and subcontractors with whom Itran Partners does or anticipates doing business. 30. Itran Partners directs its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving Itran Partners' recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for Page 7 of 8 apprenticeship or other training by any recruitment source, Itran Partners sends written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 31. Itran Partners encourages present minority and female employees to recruit other minority persons and women, and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of our workforce. 32. Itran Partners validates all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60 -3. 33. Itran Partners conducts, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 34. Itran Partners ensures that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and Itran Partners obligations under these specifications are being carried out. 35. Itran Partners ensures that all facilities and company activities are non - segregated except that separate or single -user toilet and necessary changing facilities are provided to assure privacy between the sexes. 36. Itran Partners documents and maintains a record of all solicitations of offers for subcontracts from minority and female construction contractors and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. DESIGNATED EEO OFFICER AND EEO OFFICER'S DUTIES Douglas McIntyre and Naomi Rodriguez EEO Officers for Itran Partners Inc. are responsible for holding EEO meetings with all employees at the beginning of each job, advising them of their rights under the Civil Rights Act of 1964 and that Itran Partners INC, has adopted this policy as part of their overall company policy. To solicit minority employees through the use of Florida State Employment Service local offices as well as any minority agencies available locally, assigned by the Department of Transportation, as well as use the local newspaper's Help Wanted section with EEO advertisements. To assist any person at any time who feels he or she is being discriminated against because of race, sex, religion, color, age, disability, national origin or veteran status. To assure implementation of the above policy, Douglas E. McIntyre and Naomi Rodriguez have been designated, in addition to other duties, as Equal Employment Opportunity Officers of this company. They may be reached at (239 -597 -2181 or (239) 580 -9364. Itran Partners, Innccj�.��� Douglas E. McIntyre President January 23, 2009 Page 8 of 8 37. Itran Partners conducts a review, at least annually, of all supervisors, adherence to and performance under Itran Partners's EEO policies and affirmative action obligations. e 4DouU E President January 23, COMPLIANT OFFICES: Florida Commission on Human Relations 325 JOHN KNOX ROAD, BLDG., F, STE. 240 Tallahassee, F1 32303 -4102 1- 800 - 342 -8170 Regional Director Office of Federal Contract Compliance U. S. Department of Labor 61 Forsytah Street, S.W. Room 7B -75 Atlanata, Ga. 30303 1- 404 - 562 -2424 Florida Dept. of Transportation Offic of Minority Programs 3717 Apalachee Parkway, Suite G Tallahassee, F1. 32302 1- 850- 921 -7370 U.S. Federal Highway Administration 227 N. Bronough St., Room 2015 Tallahassee, F1. 32301 1- 850 - 942 -9579 McIntyre 2009 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ,..�, 275 - 021 -13 N(` c`ICATION TO FDOT OF EEO OFFIC EQUAL OPPORTUNITY 01107 Mail signed original to: FDOT Equal Opportunity Office, 605 Suwannee Street -MS 65, Tallahassee, FI 32399 -0450 Section 1: COMPANY IDENTIFICATION 1. Contractor Name: 2.. FEIDNo.: ITran Partners Inc. 26- 3291131 3. Home Office Mailing Address: (street) 1895 Seward Ave., Suite 4 5. Main Phone Number: 4. Home Office Mailing Address: (city, State, zip)) Naples, Fl, 34109 6. Fax Number: 239 -566 -2664 239 -566 -2969 7. What is being I Initial EEO Officer Notice to FDOT New Person Appointed I Appointee Changed Name I Contact Data Changed Changed? I Lj Yes ❑ No ❑ Yes Lj No I E1Ye-s--E--1N-o-7[:] Yes El No Section 2: EEO OFFICER IDENTIFICATION 8. Name of EEO Officer: ( first name, middle initial, last name) Naomi Rodriguez 9. EEO Officer's Working Title: Asst. EEO Officer, payroll /Human Resou_rc 11. Work Address of EEO Officer: (city, state, zip) _ - __ _ - -_ 10. Work Address of EEO Officer: (Street) - 1910 Seward Ave. Naples, FL 34109 12. EEO Officer Phone Number: - - 11 EEO Officer Fax Number: - 239 -597 -2181 239 -597 -1597 14 EEOOfficeremailaddress: naomir @betterroads.net Section 3: SIGNATURE OF CORPORATE OFFICIAL As required in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and /or update) is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. - - - -- -- — - -- - - - - -- - -- - - - 15. Appointing Official's Signature 16. Dale: (MolDaylYr.) Nov. 12, 2009 17. Official's Name. print g)/ 18. Official's Title: (printed) Daniel J. KeJ4 I Vice President (This Section For FDOT Use) Section 4: Processing of Notification 19. Processed by: (First and Last Name) 20. Dale Processed: (mo /daylyr) DISTRIBUTION: Original to FDOT Central EO Office Files: Copy: Mailed to Contractor UPDATE ACTION: Input In EORSystem '^ 275- 021 -13 EQUAL OPPORTUNITY 0110] State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form is also used to update that information in the event of new appointees, name changes or contact data changes. Refer to the EEO Construction Contract Compliance Workbook and the FDOT contract for compliance program requirements and instructions. The contractor mails original of the completed form to FDOT Equal Opportunity Office 605 Suwannee Street -MS 65 Tallahassee, Fl 32399 -0450 A copy of the form is returned to the contractor upon completion of processing by FDOT General: Complete all boxes each time this form is submitted Section 1: Project Identification Box 1 Contractor Name — The name of the contractor. Box 2 FEID No. —The contractor's Federal Identification Number Box 3 - Home Office Mailing Address (Street) — The contractor's home office street address; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 4- Home Office Mailing Address (City, State, Zip) — The contractor's home office city, state and zip code; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 5 Main Phone No. — Area code and phone number contractor's main business phone Box 6 Fax Number No. — Area code and phone number contractor's main fax Box 7 What is Being Changed? — Mark `Yes' or 'No" to indicate if this is the company's initial submission of EEO Officer information; If a new person has been appointed as EEO Officer, If the appointee of record had a name change, and if the appointee's contact data is being updated. Section 2: EEO Officer Identification Box 8 Name of EEO Officer — First name, middle initial and last name of EEO Officer Box 9 EEO Officer's Working Title — Job title if the EEO Officer has other duties (e.g. Treasurer, Manager of Contract Services, etc) Box 10 Work Address of EEO Officer (Street) — Address of EEO Officer's office Box 11 Work Address of EEO Officer (City, State, Zip) — Address of EEO Officer's office Box 12 EEO Officer Phone Number — Area code and phone number for EEO Officer Box 13 EEO Officer Fax Number — Area code and fax number for EEO Officer Box 14 EEO Officer email address — EEO Officer Email address Section 3: Signature of Corporate Official Box 15 Appointing Official's Signature — Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo /Day /Year) — Date appointing official signs this Notification form Box 17 Official's Name (printed) — Printed first name and last name of person signing Box 15 Box 18 Official's Title (printed) — Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4: Processinci of Notification This section is completed by FDOT Box 19 Processed by — First and last name of person processing the Notification Box 20 Date Processed — Date processing is completed STATE OF FLORIDA DEPARTMENT OFT RANSPORTATION CONTRACTOR'S AFFIDAVIT VEHICLE REGISTRATION State: Florida County: Collier BEFORE ME, this day personally appeared 7W- oic -52 CONSTRUCTION 08 /01 who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida, in accordance with Section 320. i Contr t Signature TYPED NAME: Daniel J. Kelly POSITION: Vice President COMPANY NAME: ITran Partners Inc. COMPANY ADDRESS: 1895 Seward Ave., Ste. 4 State of Florida County: Collier Sworn to and subscribed before me thi� /��[ day of �Je' r[ r.L d�,�._ by ifn/t!?L ,% - �2�c c/ n (Print name of person signing Certj (cation) Nota Public xY �U s5r Commission Expires Personally Known 1/ OR Produced Identification _ Type of Identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: s, FL 34109 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399 -0450 TELEPHONE: (850) 414 -4747 FAX: (850) 414 -4879 This information may also be included in your bid or proposal package. 275 -030-10 EQUAL OPPORTUNITY OFFICE 02108 Prime Contractor /Consultant: ITran Partners Inc. Address /Telephone Number: 1895 Seward Ave., Ste. 4, Naples, FL 34109 (239) 566 -2664 Bid /Proposal Number: Bid No. 10 -5376 Quote Submitted MM/YR: 11/09 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT - assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT - assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos. 1, 2, 3 and 4 and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax ID Number: 542 S 74778 6. ❑,✓�BE 8. Annual Gross Receipts 2. Firm Name: GcS- I? Tek ," 3. Phone: y 7X -174 - N84 i Non -DBE ❑ Less than $1 million Between $1 - $5 million 4. Address: Po Box .14 ❑ Between $5-$10 million D , l e,. &A 3 r 02 Z T ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 2 00 1. 2. 3. 4. Federal Tax ID Number: Firm Name: Phone: Address: 5. Year Firm Established: 1. 2. 3. 4. Federal Tax ID Number: Firm Name: Phone: Address: 5. Year Firm Established: 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million EXHIBIT "P" DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as "Debarment and Suspension ") shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that ITran Partners INc. of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and /or suspend /debar the bidder /signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing /General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Daniel J. Kelly, Vice President Name(s) and Title(s) of Authorized Representative(s) ITran Partners Inc. Name of Busi Authorized Date (B) I am unable to declare that my firm isin compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Names) and Title(s) of Authorized Representative(s) Name of Business Authorized Signature(s) 1 -9 Revised 10 -13 -2009 n a b u N o p 1 p? d m 0 9 H H N w N w 3 C7 o T H m N 3 3 n F •< p 14 ° b N a a o fil rt (7 N �� ❑ 2. D a d n H p p Sm m m m o 3 '9D � ry n o ° w - ° a a d H - 3 g i Q T n� N a S d m D 3 C w y ol 02 m °^ J g = ocs 'b 4. m o � - �3 0Ov_� H O �p 00 �1 @ 0 0 2 •• n p o F� »» 1 - - 1U) Zb 0 n U_) O O * I C 0 C 0 N Q m O O-n N d •G O _. g pl O °0 `r 0 A O H tU O .i- O O. ri c o c O. O H D O n 3 w — c N n a A v e7 z I o.�p (j�,� y F'• ? l P ifJ. �n'O o O. o c N H � r e ell ryy H f � Change co -1 c O O � n '^ 0 0 N N O O O w ' 3 m°c Tier T En 0 U7 c o' O .�i N a O O 5 w � r N � � m O� It Patial I I U o c nl o- — 3 NON w O 0 0 n M D o A O Z O n A 'T^I � V/ y C O WA r y M= O C A p � o H H N w N w 3 C7 o T H m r fil rt (7 N - ❑ 0 d H p p 0 0 n M D o A O Z O n A 'T^I � V/ y C O WA r y M= O C A p � o STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275- 030 -12 ANTICIPATED DBE PARTICIPATION STATEMENT EQUAL OPPORTUNITY OFFICE LOCAL AGENCY PROGRAM 03/09 1. FOOT LAP AGREEMENT# 2. FDOT LAP AGREEMENT AMOUNT 3. LOCAL AGENCY CONTRACT (PRIME )#. 4. LOCAL AGENCY NAME 420885- 1 -58 -01 Collier County BOCC 5. PRIME CONTRACTOR NAME 6. FEID NUMBER (PRIME CONTRACTOR) ITran Partners Inc. 26- 3291131 7. CONTRACT DOLLAR AMOUNT 6. FEID NUMBER (LOCAL AGENCY) 9. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED "DBE "? (DISADVANTAGED BUSINESS ENTERPRISE) YES ❑ NO ® 10. IS THE WORK OF THIS CONTRACT CONSTRUCTION El OR MAINTENANCE ❑ ?OTHER 11. REVISION (YIN)? N IF YES, REVISION# 12. ANTICIPATED DBE SUBCONTRACTS (BELOW): DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORKISPECIALTY DOLLAR AMOUNT PERCENT OF CONTRACT DOLLARS OA B C D E F 11A TOTAL DOLLARS TO DBE'S 118 TOTAL PERCENT OF CONTRACT SECTION TO BE FILLED BY PRIME CONTRACTOR 13. NAME OF SUBMITTER I 14 .DATE 15. TITLE OF SUBMITTER Daniel J. Kelly �11/12/OS Vice President 16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER 17. FAX NUMBER 18. PHONE NUMBER dougm @itranpartners.com 239 -566 -2969 239 -566 -2664 SECTION TO BE FILLED BY LOCAL AGENCY 19. SUBMITTED BY 20 .DATE 21. TITLE OF SUBMITTER 22. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER -9 24. PHONE NUMBER NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FOOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FOOT LAP COORDINATOR USE DIET LAP COORDINATOR NAME DATE TO ED OFFICE ELECTRONICALLY EXECUTED DATE (LAP AGREEMENT EXECUTED DATE (BETWEEN LOCAL AGENCY AND PRIME pRECON. CONE GATE. CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60 -1.8 Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non - segregated Facilities shall be submitted prior to the award of a federally - assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally- assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 1. A Certification of Non - segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally- assisted construction contractor /subcontractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor /subcontractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally- assisted construction contractor /subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally- assisted construction contractor /subcontractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certification i is files. l Signature Daniel J. Kelly, Vice President Printed Name ITran Partners Inc. Firm Name 9/2008 Form C -004 EPLS Search Results Search Results Excluded Partial Name : Fran as of 30- Nov -2009 8:38 AM M EST Your search returned no results. Page 1 of 1 Excluded Parties List System https: / /www.epls.gov /epls /search.do ?text= lTran& status = current &getreport = true &print =tr... 11/3 0/2009 www.sunbiz.org - Departme�-,)f State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation ITRAN PARTNERS INC. Filing Information Document Number P08000078688 FEI /EIN Number 263291131 Date Filed 08/25/2008 State FL Status ACTIVE Effective Date 08/25/2008 Principal Address 1910 SEWARD AVE. NAPLES FL 34109 Mailing Address 1910 SEWARD AVE. NAPLES FL 34109 Registered Agent Name & Address BONNESS, JOSEPH D III 1910 SEWARD AVE. NAPLES FL 34109 Officer /Director Detail Name & Address Title P BONNESS, JOSEPH D III 1910 SEWARD AVE. NAPLES FL 34109 Title VP KELLY, DANIEL J 1910 SEWARD AVE. NAPLES FL 34109 Title S BAILIE, KATHLEEN M 1910 SEWARD AVE. NAPLES FL 34109 Annual Reports Report Year Filed Date Page 1 of 2 Document Searches Forms Help Entity Name Search Submit http: / / www.sunbiz.org/ scripts /cordet.exc ?action= DE'1' F1L &incLdoc_nuinber— P08000078... 11/30/2009 www.sunbiz.org - Departrti State 2009 04/27/2009 Document Images 04_/27 /2009_ —ANNUAL REPORT View image in PD-F -format 08/25 /2008._ Domestic_ Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return. To List No Events No Name History I Home I Contact us I Document Searches I E -Fillip Services I Forms I Help I Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Page 2 of 2 Entity Name Search Submit http: / /www.sunbiz.org/ scripts /eordet.exe ?action= DE' I' FIL &int_doc_number= P08000078... 11/30/2009 2009 FOR PROFIT CORF RATION ANNUAL REPORT FILED Apr 27, 2009 DOCUMENT# P08000078688 Secretary of State Entity Name: ITRAN PARTNERS INC. Current Principal Place of Business: New Principal Place of Business: 1910 SEWARD AVE. NAPLES, FL 34109 Current Mailing Address: 1910 SEWARD AVE. NAPLES, FL 34109 FEI Number: 26- 3291131 FEI Number Applied For ( ) Name and Address of Current Registered Agent: BONNESS, JOSEPH D III 1910 SEWARD AVE NAPLES, FL 34109 US New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desired (X) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: ADDITIONS /CHANGES TO OFFICERS AND DIRECTORS: Title: P ( ) Delete Title ( ) Change ( ) Addition Name: BONNESS, JOSEPH D III Name. Address: 1910 SEWARD AVE. Address. City -St -Zip: NAPLES, FL 34109 City -St -Zip: Title: VP ( ) Delete Title: ( ) Change ( ) Addition Name: KELLY, DANIEL Name. Address: 1910 SEWARD AVE. Address: City -St -Zip: NAPLES, FL 34109 City -St -Zip: Title: SEC ( ) Delete Title: S (X) Change ( ) Addition Name: BAILIE, KATHLEEN M Name BAILIE, KATHLEEN M Address: 1910 SEWARD AVE. Address: 1910 SEWARD AVE. City -St -Zip: NAPLES, FL .34109 City -St -Zip: NAPLES, FL 34109 I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath, that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE DANIEL J. KELLY VP 04/27/2009 Electronic Signature of Signing Officer or Director Date Contractor Certification Dev-Ipage Page 1 of 1 Contractor Details Class Code: 2010 Class Description: ELECTRICAL CONTR.- CERTIFIED Certification Number: 34214 Original Issue Date: 6/16/2009 Certification Status: ACTIVE Fspiiation Date: 8/31/2010 County Comp Card: state Number: EC 13004176 State Expiration Date: 8 /31/2010 Doing Business As Mailing Address Phone Fax F ITRAN PARTNERS INC 1895 SEWARD AVE #4 NAPLES, FL 34109- (239)566 -2664 (239)566 -2969 ack Copyright ©2003 -2007 Collier County Government, 3301 F, Tomiami Trail, Naples, F . 34112 1 Phone 239 - 774 -8999 Site Map I Privacy Policy and Disclaimer I Websile developed by Vision Internet http : / /apps2.colliergov.neUwebapps /vision /ConCert/Detail.aspx ?cert =34214 11/30/2009 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with ITran Partners, Inc. ( "Contractor ") of 1910 Seward Avenue, Naples, FL 34109 a Florida company, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Everglades City Lighting (Collier Avenue — Copeland Avenue to Riverview Road), Bid No. 10 -5376 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by Agnoli Barber and 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: Two Hundred Forty Thousand Eight Hundred Twenty Six Dollars ($240,826.00) 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 GC -CA -13 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/ 570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by 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 Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. (Not Applicable To This Project) Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to 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, (N /A) 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 GC -CA -14 within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. 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. [CIOEi7_QiF 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 LAP FUNDED 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: Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Road) as shown on Plan Sheets 1 through 10. Exhibit N: Contractor's List of Key Personnel 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: John Miller, Project Manager Traffic Operations 2885 S. Horseshoe Drive /Naples Florida 34104 (239) 252 -8192 johnmiller @colliergov.net Michael Greene, Planning Manager Transportation Planning 2885 S. Horseshoe Drive /Naples, Florida 34104 (239) 252 -8192 michaelgreene @colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: ITran Partners, Inc. 1895 Seward Avenue, Suite 4, Naples, FL 34109 239/566 -2664 Telephone, 239/566 -2969 Fax Daniel J. Kelly, V.P. 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. 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. GC -CA -17 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. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -18 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: / u � s�L FIRST WITNESS Type /Print Name SECOND WITNESS Type /Print Name Date: 2 2-14 ATTEST TI . 1. ME, i 1i. `'itpaet'r� Approved As, To Ft trin, and Legal Suffix "Cy: Print Name: Aesmtant Ct bep %y CONTRACTOR: ITran Partners. Inc. ICJ Type /Print 70MR49 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA GC -CA -19 BY: � W Fred W. Coyle, Cha an Itd�# Ly--t pale Date (FR,O9r'PAGE OT rVOLIC C0NS7R1VC 705V P,9TWENT00 " THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05, FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2), Florida Statutes BOND NO. 8974926 CONTRACTOR: ITran Partners, Inc. P O Box 8929 Naples, FL 34101 239 -566 -2664 SURETY: Fidelity and Deposit Company of Maryland 1400 American Ln, Tower 1 Schaumburg II 60196 847 - 605 -6000 AGENT: Lykes Insurance, Inc. Construction Services Division 400 North Tampa Street, Suite 2200 Tampa FL 33602 (813) 223 -3911 OBLIGEE: The Board of County Commissioners of Collier County FL 3301 Tamiami Trail East, Naples FL 34112 239 - 252 -8192 CONTRACT BOND AMOUNT: $240,826.00 CONTRACT DATE: PROJECT: Everglades City Lighting, Bid No. 10 -5376 Collier Avenue - Copeland Avenue to Riverview Rd EXPERIENCE the POWER of PARTNERSHIP /Ark%41 e,wc.® EXHIBIT A PUBLIC PAYMENT BOND Everglades City Lighting (Collier Avenue — Copeland Avenue to Riverview Road) Bond No. 8974926 Contract No. 10 -5376 KNOW ALL MEN BY THESE PRESENTS: That ITran Partners, Inc. 1895 Seward Ave, #4 Naples FL 34101 as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1400 American Ln, Tower 1 Schaumburg 1160196 (Business Address) are held and firmly bound to Board of County Commissioners of collier county FL as Obligee in the sum of Two Hundred Forty Thousand Eight Hundred Twenty-six and no cents US Dollars ($240,826.00 --- - - --- - ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2010 2000, with Obligee for Everglades City Lighting, Bid No. 10 -5376 in Collier county 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 day of February, 2010 2Mxthe 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 Bond No. 8974926 Bid No. 10 -5376, Everglades City Lighting Signed, sealed and delivered in the presence of: .� Witnesses as to Principal STATE OF Florida COUNTY OF 9OL-Li e/1.— ���} PRINCIPAL ,FQ"r'`Z�pFOgA�Z F (1 Man Partners, Inc. 0 BY:� RIP xnnnxxr „r NAME: Joseph D. Bonness ITS: Pfesident The foregoing instrument was acknowledged before me this P7 day of � 20ZO, by ajy D. /.'xnyes,5 as Ae. " -b I of Man Partners, Inc. , a florida 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: /e 5 -/L-"�-� (Signature of Notary) AME: bD/Jtit4- �' #I N46E7— (Legibly Printed) (AFFIX OFFICIAL SEAL) ATTEST: N/A Witnesses to Surety GC- CA -A -2 Notary Public, State of Commission No.: /» 7US& -1 SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1400 American Ln, Tower I Schaumburg IL 60196 (Business Address N/A (Authorized Signature) (Printed Name) Bond NO. 8974926 Bid No. 10 -5376 Everglades City Lighting OR ((;—� As Attorney In Fact and Florida Licensed (Attach Power of Attorney) Resident Agent _ Eileen C. Heard Witne es (Printed Name) STATE OF Florida COUNTY OF Hillchorough The foregoing instrument was acknowl February, 2010 QQQ$, by Eileen C. l Attorney -in -fact & FL Licensed Resident Agent Of Fi Surety, on behalf of Surety. He /She is pe KNOWN take an oath. My Commission Expires: Lykes Insurance Inc. 400 N. Tampa St 42200 Tampa FL 33602 (Business Address) 813 223 -3911 (Telephone Number) before me this 5th day of . as to me cftxtlasxproduoedxx tion and who did (did n pN ZH� �ocida P N. pES Q�0\c S at �Qec.15,20�1 ., p. .�38g10 MY ccD05" N °' �D (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: (3C- CA -A -3 EXHIBIT A PUBLIC PERFORMANCE BOND Everglades City Lighting (Collier Avenue — Copeland Avenue to Riverview Road) Bond No. 8974926 Contract No. 10 -5376 KNOW ALL MEN BY THESE PRESENTS: That ITran Partners, Inc., 1895 Seward Ave #4 Naples Fl. 34112 , as Principai, and Fidelity and Deposit Company of Maryland as Surety, located at 1400 American Ln, Tower I, Schaumburg IL 60196 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County FL as Obligee in the sum of Two Hundred Forty Thousand Eight Hundred Twen -six and no cents-- - - - -US DOLLARS ($ ?40 g?6 nn---- - - - - -- ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2010 IM, with Obligee for Everglades City Lighting, Bid No. 10 -5376 (Collier Avenue - Copeland Ave to Riverview Rd) in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner proscribed 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 Bond No. 8974926 Bid No. 10 -5376 Everglades City Lighting 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 day of February, 2010 ;sx2iN� the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.pnnmmuuu „y, A Signed, sealed and delivered P�PRTNF9s'�i in th resence of: PRINCIPAL 110111 OR4rF n ITran Partners Inc. _ SEAL _ BY: c P -Witnesses as to Principal NAME: Soseph D. Bonness ITS: President STATE OF Florida COUNTYOF c -i i2 The foregoing instrument t� as ackno ledgg d before me this � day of - __JOSer"h �onnoss , as bf ITran Partners Inc. a Florida corporation, on behalf of the corporation. He /she is personally known to me , OR has produced as identification and did I not) take 77, t My Commission Expires: �_ (SigM'04 Name: �' (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: �Ld i��✓f Commission No.: DD'7 // s/ GC- CA -A -5 Bond No.8974926 Bid No. 105376 Everglades City Lighting ATTEST: SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1400 American I Tower I _ Schaumburg IL 60196 (Business Address) N/A (Authorized Signature) N/A Witnesses as to Surety (Printed Name) OR As Attorney in Fact and Florida Licensed Resident Agent (Attach Power Attorney) Eileen C. Heard Witnesses (Printed Name) Lykes Insurance 400 N Tampa St #2200 Tampa Fl 33602 (Business Address) 813- 223 -3911 (Telephone Number) STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknot February, 2010 , WK by Eileen C. Hea Of Fidelity and Deposit Company of Maryland , behalf of Surety. He /She is per of KNOWN aS 1 e My Commission Expires (AFFIX OFFICIAL SEAL) GC- CA -A -6 Ire me this stn day of as Attorney -in -fact and Florida Licensed ation, as Surety, on Resident Agent to me xxhWxxpPAl$=Mxx who 'd (did not) takeMM80 PETER N. ubll_skate 2011 ') MY Comm elp DD 139410 Notary Public, State of: Commission No.: Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary, in puts f Qf med by Art icle Vl, Section 2, of the By -Laws of said Companies, which are set forte o reby certified to be in full force and effect on the date hereof, does hereby nomina poi O, JR., Tanya L. RUSSO, Peter A. THOMSON and Eileen C. ,® � t s true and lawful agent and Attorney -in -Fact, to make, execute, sea li d pegal y, and as its act and deed: any and all bonds and undertakings, snc rt mgs in pursuance of these presents, shall be as binding upon said �s "ereby ents and purposes, as it-they had been duly executed and acknowledged by th a ar e r t e Company at its office in Baltimore, Md., in their own proper persons. The said Assistant rtify th at the extract set forth on the reverse side hereof is a true copy of Article V[, Section 2, of the By -L so said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 24th day of July, A.D. 2009. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY _ �o otvpfr' �rl�Wtty� By: Eric D. Barnes Assistant Secretary David S. Hewett Vice President State of Maryland City of Baltimore J On this 24th day of July, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, 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 deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .u.r Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 031 -3055 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 of 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 the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "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 of 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 the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgements, decrees, mortgages and instruments in the nature of mortgages,_.and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that the Vice- President who executed the said Power of 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 respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. 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 DF,POSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. 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 be 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 seals ofthe said Companies this day of Assisran[ Seeretory EXHIBIT B INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, 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. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor 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 Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. GC- CA -B -1 Should at any time the Vendor not maintain the insurance coverageUs required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageUs and charge the Vendor for such coverageUs purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageUs shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. GC- CA -B -2 Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor /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 Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /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. 4. ® Automobile Liability $ 1,000.000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non - owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the GC- CA -B -3 County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. 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 be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® Collier County Board of County Commissioners shall be named as the Certificate Holder and the certificate must read "For any and all work performed on behalf of Collier County. NOTE: The "Certificate' should read as follows: • For any and all work performed on behalf of Collier County. • Collier County Board of County Commissioners, Naples, Florida No County Division, Department or individual name should appear on the Certificate. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name GC- CA -B -4 Date Telephone Number ACORd CERTIFICATE OF LIABILITY INSURANCE DATE,MMIDDIYYYY, L- 02/05/2010 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3031 N. Rocky Point Drive, Suite 700 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Tampa, FL 33607 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Alto P (813) 207 -5100 F (813) 207 -5190 101266- ITRAN -C a s -09 -10 INSURED ITRAN Partners, Inc. 1895 Seward Avenue, Suite 4 Naples, FL 34109 INSURERS AFFORDING COVERAGE '(INSURER A. Travelers Property Casualty Company Of INSURER B'. Everest National Insurance Cc INSURERO N/A INSURER o INSURER NAIL # 25674 -- _- 10120 N/A COVERAGES 2 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. LTR INSRD TYPE OF INSURANCE POLICY NUMBER I ruucr =Frc POLICY EXPIRATION I GATE IMM /DDM1YYY) ) DATF IMM /DD/YYYYI LIMITS A GENERAL LIABILITY VTJ EXGL 580OB671 106/01/2009 .06/01/2010 _ EACH OCCURRENCE_ _ 7500_00 X COMMERCIAL GENERAL LIABILITY DAMAGETORENTED 500,000 PREMISES(Es occurrence) _ $ CLAIMS MADE X _ I OCCUR MED EXP (Any one person) I$ X SIR $250,000 PERSONAL aADV INJURY $ 750000 GENERAL AGGREGATE 2,000.000 GENERAL AGGREGATE LIMIT APPLIES PER II$ PRODUCTS - COMP/OP AGy$ X POLICY PELT LOG 2,000,000 A AUTOMOBILE LIABILITY : VTC2J CAP 580OB683 I06 /01/2009 06/01/2010 'I$ X ANY AUTO II COMBINED SINGLE LIMIT I lEa accitlenq i 2,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON OWNED AUTOS (Per ecoiI (PROPERTY DAMAGE , (Per accldenl) GARAGE LIABILITY - -� AUTO ONLY EA ACCIDENT $ ANY AUTO - I OTHER THAN -EA ACC ' . AUTO ONLY LY $ ADD B EXCESS I UMBRELLA LIABILITY 71CI0001117091 06/01/2009 06/01/2010 EACH OCCURRENCE I$ 5,000_000 X OCCUR CLAIMS MADE AGGREGATE _ $ 5,000000 DEDUCTIBLE $ - 1$ RETENTION S j A WORKER COMPENSATION AND EMPLOYERS'LIABILITY.X VTC20 UB 5800B66A 06/01/2009 06/01/2010 we STATU I OTH- ITOBYINIITSI -_._ER_.,. _.__. _._.- _n ANY PROPRIETORIPARTNER /EXEC.IITIVF YIN I F I Faces arrmru. i$ 1 Mn nnn N (Mandatory In NH) It yes, describe under corrlel ocn,Iian.w bh,.. DISEASE EA EMPLOYE J$ 1,000000' DISEASE - POLICY LIMIT $ 1,000,000 A OTHER Auto Physical Damage ';VTJ BAP 580OB695 06/01/2009 06/01/2010 Comp /Collision Deductible: 2004 vehicles or newer. $5,000 20,000 Ibs or heavier: $10,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIgL PROVISIONS Re'. Project'. Evergaldes City Lighting Collier Ave. (Copeland Ave. to Riverview Road), Collier Co. Bid No 10 -5376; FPID 420885- 1 -58 -01 Collier County Board of County Commissioners is included as Additional Insured where required by written contract or agreement with respect to General Liability. CERTIFICATE HOLDER ATL- 002109860 -01 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Collier County Board of EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL County Commissioners 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3301 Tamia mi Trail East Naples, F BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND L 34112 ryUPON ppE THE INSURER, ITS AGENTS OR REPRESENTATIVES. AO(TMeraM1FUSq IrESENTATIVE - o_w Erica Carrick ACORD 25 (2009/01) ©1998 -2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 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 2009 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 33 ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by , as of a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: 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) 22 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 Name) Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ 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: GC- CA -D -1 (Signature) DATE: (Type Name and Title) N Q U U w w m z = U F W Z H e m um 12 E r w 8 m 6 z — 0-6 w o y z a � W a 00 c m U 2 _N I � c I J.LL �z IiN D W N 6 7' z a E m. w f o d o u U N m W i J LLI K f C F w O❑ a o o OfNO a o m E II o � N f i I L Z W 7 J I CID n m w o c. m LL a z o° a ° @ O �a o aW dN Y Ja N N �I 1I = V o' 0 2 S co L d d t A = r U O W Q 0 x> m U M N w N o °I t m >: ro I o 0 ¢ c m a' � v '�. old z E j o N F a -,2 E L u 2 ° m U mL- '.,.. WCO N d L C, Z � N (O L m m T ¢ ¢...i X o Z W° = s w a 3 N Q U U W i U m Q N E O LL a O d K N A A a d O H c 0 U_ ❑ L X W M ❑ Q U U Z 0 W d- c N l0 r- 0 d � ❑ra C � — t F T •O 7 � > y � C IL— d � m 'd a d N c F T .O 7 > Q O 'y > V N 01 IL d y 2a o E c Z m c y i I c 0 •c v i m D I O M ❑ Q U U Z TO: Project Name: Bid No. : Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Contractor Date: Approved by: Date: Department Director Approved by: Division Administrator Approved by: Purchasing Department Authorized by Director (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -5 Date: Date: 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: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC- CA -F -1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional By: Type Name and Title F CONTRACTOR accepts this Certificate of Substantial Completion on 2009 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title GC- CA -F -2 2009 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: _ Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documer Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 2009 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: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: By Owner: GC- CA -G -1 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; GC- CA -H -1 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 5:00 p.m., 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 approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC- CA -H -4 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of 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 GC- CA -H -6 Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 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 GC- CA -H -7 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 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 GC- CA -H -8 to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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. GC- CA -H -9 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or 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. GC- CA -H -10 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. 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 GC- CA -H -11 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. ib3 f11=hl, �77�.1�II.1±3i]3i�N" 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is 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 GC- CA -H -12 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 sea. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 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, tK.aye:NN 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 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 GC- CA -H -14 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. 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 GC- CA -H -15 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. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected 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 GC- CA -H -16 promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice 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 GC- CA -H -17 future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the 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. GC- CA -H -18 If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 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 GC- CA -H -19 to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have 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 5.13, for services not rendered. GC- CA -H -20 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 /Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner /Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If 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 GC- CA -H -21 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 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; GC- CA -H -22 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 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. GC- CA -H -23 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 is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 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 GC- CA -H -24 Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 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 GC- CA -H -25 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, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 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. GC- CA -H -26 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 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 GC- CA -H -27 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. 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. GC- CA -H -28 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 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 Owners 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 -29 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. 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. 2. Local Agency Program (LAP) granting guidelines and required forms provided in separate file. SUBMITTAL OF SHOP DRAWINGS Shop drawings are required as set forth in the specifications. Payment will not be made for these items of work until approved shop drawings have been received by the Engineer. PROTECTION OF UTILITIES The contractor shall call for locates prior to any excavation. The existing utilities will be potholed to verify their location when they are close enough to the work to be at risk for damage. The contractor shall make every effort to protect existing utilities from damage and to keep the utilities in service. The cost of potholing to protect existing utilities shall be included in the cost of the work requiring it. Should any utility be damaged, the contractor shall be responsible for all repairs including the need for both on -site and off - site pumper trucks. EXISTING GLOBE FIXTURES The contractor shall notify the Engineer a minimum of 48 hours in advance of any work removing or relocating the existing globe fixtures. Each pole will be inspected by the Engineer and contractor prior to removal to determine the condition of the pole, the light fixture and all other components of the globe fixture. If the globe fixture is deemed acceptable to be relocated the contractor shall be responsible for relocating the globe fixture to the new location. The contractor shall furnish and install a new foundation for the globe fixture as necessary for acceptable installation. If the globe fixture is damaged by the contractor during relocation, it shall be the contractor's responsibility to repair and refurbish the existing globe fixture. If the existing globe fixture is deemed not acceptable to be relocated, the contractor shall remove the existing globe fixture and all components (including the foundation). All associated conductors shall be removed. All existing lighting conduit associated with the globe fixtures shall be abandoned in- place. If any of the existing globe fixtures cannot be relocated, the contractor shall coordinate with the Engineer and Everglades City to determine what portions of the existing globe fixture will be stock -piled with the Everglades City. Any parts or portions of the existing GC- CA -1 -1 globe fixtures that are not wanted by Everglades City will be removed from the project site and properly disposed of by the contractor If all of the globe fixtures can be relocated then they will be relocated per plan. If one or more of the globe fixtures cannot be relocated due to poor condition as determined by the Engineer, then the location and spacings of the relocated light poles will be revised by the Engineer. Service location, conduit & conductor pay items will be adjusted by the Engineer if globe fixtures are not installed per plan due to existing globe fixture condition. All of the existing globe fixtures indicated to be relocated shall have two pay items associated with it. If a globe fixture can be relocated, payment will be made under both pay items: • Item 715 - 550 -00 Lighting Pole Complete, Special (Remove) Existing White Globed Fixtures - each • Item 715 - 536 -310 Lighting Pole Complete, Special (Install) Existing White Globed Fixtures - each • For any existing globe fixture that cannot be relocated, payment will be made under pay item: • Item 715- 550 -000 Lighting Pole Complete, Special (Remove) Existing White Globed Fixtures - each DEWATERING Dewatering of excavations, trenches, structures and utilities may be required. Cost of dewatering is not a separate pay item. Payment shall be included in the cost of items as included in the Bid Form. No dewatering permit for the project has been obtained. If the contractor deems a permit necessary for his means and methods of construction, the contractor shall obtain the permit(s) from SFWMD, etc. at no additional cost to the Owner. All liability for dewatering operations or lack thereof shall be the responsibility of the Contractor. GC- CA -1 -2 EXHIBIT J TECHNICAL 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 Provided in Separate File GC- CA -M -1 GC- CA -N -1