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#12-5928 (Bonness, Inc.) MEMORANDUM Date: October 3, 2012 To: Brenda Reaves, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract Number #12-5928 "Airport Pulling Rd. & Pine Ridge Crossings Signal Upgrade" Contractor: Bonness, Inc. Attached is the original contract, referenced above (Item #11A19) approved by the Board of County Commissioners on September 11, 2012. The second original document will be kept in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Purchasing Department Co it 3327 Tamiami Trail East Naples, Florida 34112 `ni . Spices Dyson Telephone: (239)252-6020 Purchasigc FAX: (239)252 6592 Email: BrendaReaves a(�colliergov.net www.coIliergov.net/purchasing Memorandum Subject: Solicitation # 12-5928 "Airport Pulling Road Pine Ridge Crossings Signal Upgrade" Date: September 26, 2012 From: Brenda Reaves—Contract/Purchasing Technician— For Rhonda Cummings To: Ray Carter, Risk Manager The County is in the process of executing this contract with: Bonness, Inc. Please review the Insurance Certificate(s) and Bid Bonds for the referenced Contract. • If the insurance is not in order. please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order. please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have -• qu -tions, please contact = = e a.•ve referenced information. 47 /2------- 1 i a.,� • •proved By: ell Alb) - Ri- Mana';=ment Signature Date { ` �= �-~ 3 a ��r 4- / Attorney via attached Request for Legal Services) F -4) x '----7.----.*.i.--4-4 ,--.- --?,-:---A-- 4,,%.:4-.7.i-11:7 --r=v -I----,--,---,,-..:- ' -;:'.----,,,,,:::::-:. i,j,4a.PAZ;; d- Y� 47,^ : : T : \!��U,•\1\\.0_21t-i__ ::::._,_.„,„,„,,:i::..,7„,...,...„*--:::,,Air.,-„,:::.i ..,-:,y,--,:,,--.,i,i;...7,-:-.',= -,,,,',- ',..7-,-:=,„__-1-:: _ 1b1 lti G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewoflnsur nce4/15/2010/16/09 CAPler County Administrative Services Division Purchasing: Airport Pulling Road and Pine Ridge Crossings Signal Upgrade COLLIER COUNTY BID NO. 12-5928 COLLIER COUNTY, FLORIDA Rhonda Cummings, Procurement Strategist Email: Rhondacummings @colliergov.net Telephone: (239) 252 - 8941 FAX: (239) 252 - 6700 Design Professional: Cardno TBE k r . P_rchashg Depaan eni•3327 Tamara!Trail East•Napies,Florida 34112-4901•vn w.colliergov.nellpurchasing 1 ITB 12-5928 G. Upon loss of utility power the Traffic UPS shall insert battery power into the system via a supplied Power Interface Module(PIM). In case of UPS failure and/or battery depletion, the PIM will ensure that the UPS will drop out and, upon return of utility power the traffic control system will default to normal operating mode. H. The By-pass switch shall enable removal and replacement of the Traffic UPS without shutting down the traffic control system (i.e. "hot swap" capability). Connectors shall be equipped with a "safety interlock" feature. I. The UPS shall support generator input without going to batteries. J. The UPS traffic control system shall be capable of"cold starting", starting when no utility AC is available, i.e. starting while on batteries. K. Existing cabinet Flasher Modules and Flash Transfer Relays shall be utilized. L. To facilitate emergency crews and police activities, the Traffic UPS shall be compatible with the police panel functions. M. The Traffic UPS shall not duplicate or assume flash operation or flash transfer relay functions. N. The UPS shall deliver 120 V ac out+/- 3%with an AC input between 85 and 135 V ac without discharging the batteries while operating in the true Online Mode. O. The SP1250PD-N (PLUS) shall support load increases to 1400 watts for ten seconds through the full NEMA temperature range of-40°C to+ 74° C while on continuous battery operation. P. The Traffic UPS system shall be UL listed and conform to NEMA standards for traffic control systems. 2 of 2 ty Administrative Services Division Purchasing PUBLIC NOTICE INVITATION TO BID Airport Pulling Road and Pine Ridge Crossings Signal Upgrade COUNTY BID NO.12-5928 Separate sealed bids for the construction of Airport Pulling Road and Pine Ridge Crossings Signal Upgrade, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 7th day of August, 2012 at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. LOCAL TIME on the 26th day of July, 2012 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, Airport Pulling Road and Pine Ridge Crossings Signal Upgrade, Bid No. 12-5928 and Bid Date of August 7, 2012". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's 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 ten (10) 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 3 ITB 12-5928 Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid 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 16th day of July, 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 4 ITB 12-5928 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 T-1 to T-13 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 Purchasing Department, 3327 Tamiami Trail E, Naples, FL 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 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 5 713 713 12-5928 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 cashier's 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 one hundred twenty (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 one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) 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. 6 713 12-5928 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 and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and 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 via the Online Bidding System at their respective email 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. 7 ITB 12-5928 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 the 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 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 twenty-five percent (25%) from the estimate at the time of bid. 8 ITB 12-5928 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 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 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, 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 professional 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 or 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 http://www.colliergov.net/Index.aspx?paqe=762. 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. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Fl Stat 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.orq/search.htmi). 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. 9 ITB 12-5928 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of 10 ITB 12-5928 clarification to assure full understanding of, and responsiveness to solicitation requirements. 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 Bidder 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 11 ITB 12-5928 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 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 Ill, 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. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. 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." 12 ITB 12-5928 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Airport Pulling Road and Pine Ridge Crossings Signal Upgrade BID NO. 12-5928 Full Name of Bidder Bonness Inc. Main Business Address 1990 Seward Avenue Place of Business Naples, FL 34109 Telephone No. 239-597-6221 Fax No. 239-597-7416 State Contractor's License# CUC1224797; CBC059904 State of Florida Certificate of Authority Document Number F 19249 Federal Tax Identification Number 59-2055219 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: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 13 178 12-5928 •D 0 C Co t o m � ID• K. m= C C.s m a. N N N N W N -, O CO CD V CO CT A CO N - O CD CO V 01 CT A CO N 0) 0) 0) 0) CO 0) 0) 0) 0) CD 0) 0) 0) 0) 0) 0) 0) 0) CT CD CD O CD V 0) 0) Co CT CT cn CT A A A G) CJ CO 4) C.) CT N N CD O O 0C O CD W W CO (J O O CO O CO CO CT N O O CT N O N CT -, v V CT in co W CJ N J -. N -+ D O O CO A A CD CO _� co IV co co Pa W C) "Cr < < cn 'o H -i cn cn cn cn m Co C) C) 0 C) C) K K Co o o I I O m D D m --I m 5- G) O O m Z Z > O -1 z �, „ m m m z r z z z m z z Z W < m 0 m m m U) „ �l r r r r- D r- Z c 1 m m m r D m m m -,- z D D D o C, -1 -I O m H z D x, c m c) c-, o D cn cn cn m c_ ;� T z m m z X pj _1 -I -i O cn ■7 G) -I -I -I r- c D w 4o D W C) C) O r- O O O z z D D D m z W - = - c m Z c) g to m cCn cCn x - j > 0 m z W m O 0 Co M C' Co Co „ r- m w cn CO D Co n C) Z - m O m D Z m z W m m QD in _. 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A -, -, CO A C C 25 M m r m m m m m w r- r m m v v m m in m m m Z. f° > > -Ti D > D > > m m m > > > > > > > > _4 W en CD 69 EA 69 EA EA 69 EA EA EA 69 EA EA 69 69 EP EA 69 69 EA 69 69 C qj CO CT N) CO 7 CD 0) C.) H -- - Q N W N V W cc') W N D CT Q) A Cam O W N N N WD N O Wm i CD CO A V CT O V A - -+ C - N N no -, O m CT -+ CD A CD CD CO CD O C.) A CT CT A N CO V En EA EA 69 69 EA 69 EA EA EA EA 69 69 EA EA ER 69 69 EA 69 EA EA --1 O" 1 -C co CT N CO A 0) 1 � j - L.) CD 0) N C.) - V N - CD V N -: N CD CO CO W CO O -+ A -+ CO -, CO N -. s C.) CT -FD) N N A CT N CT A CT CA CO CD A CT CT. O O CD N N CO N O A AC) -, i CD CO A -, CT D) CD CD N N O -, -+ co N j CT N V 0) O - CD A 0) CD CD O O 0) A CT CT 0) N A CO MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- 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. Company: B`onness lnc. Signature: C_ 4a tare-.'s/71.2012 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: _ Signature: Elates 15 IT8 12-5928 16 FTB 12-5926 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 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 Stibcontractorand-Address 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other Signalization - Southern Signal &Lighting subcontractors that 3884 Prospect Ave, Naples, FL 34104 represent more than 10% of price or that affect the critical path of the schedule 6. Identify other subcontractors that represent more than 10% of price or that affect the critical path _ of the schedule 7. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 17 fTB 12-5925 8. Identify other ' subcontractors that represent more than 10% of price or that affect the critical path of the schedule 9. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 10. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Bonness Inc. Signature: 9 ? {- ""`" E3a x012 . 18 IT8 12-8928 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SYI 1. N/A N/A 2. 3. 4. 5. TOTAL $ N/A Failure to complete the above may result in the Bid being declared non-responsive. Company: BQnness Inc. Signature: Date If/'742012. .... 20 Coer County Administrative s5 t , Porthesim AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS Solicitation #12-5928 Airport Pulling Road and Pine Ridge Crossings Signal Upgrade (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business ® Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business.Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to,the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a local business" under this section. Vendor must complete the following information: Year Business Established in ®Collier County or❑ Lee County: 1981 Number of Employees (Including Owner(s)or Corporate Officers): 85 Number of Employees Living in © Collier County or❑ Lee(Including Owner(s)or Corporate Officers): 37 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Bonness Inc. Date: 8/7/2012 Collier or Lee County Address: 1990 Seward Avenue,Naples, FL 34109 Signature: A, Title: Secretary/Treasurer - STATE OF FLORIDA: ® COLLIER COUNTY ❑LEE COUNTY Swor to and Subscribed Before Me, a Notary Public,for the above State and County, on this 7 Day of � , 2I . c1.. rr ./. i Notary Public °`�`r`.`°�% JEANNE BARNES NCOMMISSIONI DD 904824 * My Commission Expires: EXPIRES:August 4,2013 Bailed Thu Budget Hilary Serial (AFFIX OFFICIAL SEAL) 21 ITB 12-5928 Co er Country AdministraCueServices ll sicn 1,3ncrtasing Immigration Law Affidavit Certification Solicitation: 12-5928 Airport Pulling Road and Pine Ridge Crossings Signal Upgrade 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. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as 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 comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Bonness Inc. Print Name V — Title Secretary/Treasurer Signature Af.:., Date 8/7/2012 State of Florida County of Collier The foregoing ',strument was signed and acknowledged before me this -7 day of i , , 2012, by J(i. 2., 4F. [i.R__ (print or type name)who has produced pt7,• t.k,' • - t N,,v (type of identifi - io)and number) as identification. U ( " tary Public Signature,av Puelr JEANNE CARNES * ,, * MY COMMISSION f DD 904824 '. . 7 u� EXPIRES:August 4,2013 Printed Name of Notarj'F•'•:.• B �1w9,rdg"t®ysrvtas 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. 22 ITB 12-5928 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 five (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 FL County of Collier Jane Baratta , 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. Jane Baratta , 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. 24 IT5 12-5928 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of FL which operates under the legal name of Bonness Inc. , and the full names of its officers are as follows: President Kathleen M. Bailie Secretary Jane Baratta Treasurer Jane Baratta Manager The Secretary/Treasurer is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken a cei tified-copy-of-whicl4.as ereta-attached-(strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 25 [TB 12-5928 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED 8/7/212 Bonness Inc. legal entity BY: Jane Baratta fitness Name of Bidder (Typed) JA I 1 Witness lk Sigrf'ature Secretary/Treasurer Title STATE OF FL COUNTY OF Collier •The forego instru ent was acknowledged before me this 7 day of ! 1.., 2012, by , as SeC.y f-v, 1-01-- of )50 , a corpor-`ion, on behalf of the corporation. isle/she is personally known to me or has produced - as identification and did (did not) take an oath. 411 My Commission Expires: ` - • ter gnature of Notary) +° .....,. JEANNE CARNES MYCOMMISSION tDD904824 NAME: J e044e.- ri EXPIRES:August 4,2013 ,rFcenoP Boo*Tiro Budget Notary Services (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of A-- Commission No.: 26 ITB 12-5928 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Bonness 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 Schamburg IL and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners of Collier County FL (hereinafter called the Owner), in the full and just sum Of Five Percent of Amount Bid----------- dollars ($ 5%ofamt 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 Airport Pulling Road and Pine Ridge Crossings Signal Upgrade, Bid No. 12-5928 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 $ 5%of amt 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 these presents to be duly signed and sealed this 7th day of August , 2012. Bonness Inc. Principal BY .,iA- (Seal) Fidelity and ny of Maryland Surety (Seal) Countersigned Eileen C.Heard.Attorney-in-fact and Florida Licensed Resident Agent Local Resident Producing Agent for Fidelity and Deposit Company of Maryland ITB 12-5928 27 OLykes. EXPERIENCE the POWER of PARTNERSHIP insurance 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 Statzifvlaryland,by FRANK E. MARTIN JR., Vice President,and GERALD F.HALEY,Assistant Secretary, in Ursa ,car iitl oriry granted by Article VI,Section 2,of the By-Laws of said Companies,which are set forth 9n4h • aves slcie 'iereo ri; hereby certified to be in full force and effect on the date hereof,does hereby nominat ��6 nd'a poir er �HOMSOINI,Richard P. RUSSO,JR.,Tanya L RUSSO,Eileen C. HE, 9lYT h i a ant C i y,��i,r'gn l$Tg redenc ARCHERD,all of Tampa, Florida, EACH its true and lawful agemt;�n� erne 1 act,,-to*1e bfrtCseal and deliver,for,and on its behalf as surety, and as its act and de a• can*sad 1l,lf ds.ansJ u okrngs,and the execution of such bonds or undertakings in pursuance of these 5 s~ ll lie as bi�ir m khn; ompanies,as fully and amply,to all intents and purposes,as if they had been duly eke cratld 4lMged- y the regularly elected officers of the Company at its office in Baltimore, Md., in their own pr r k iris. t h'ii power of attorney revokes that issued on behalf of Richard P.RUSSO,JR.,Tanya L. RUSSO,Peter A.TT- OON,Eileen C.HEARD,Megan MANNING,dated April 21,2010. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of 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 13th day of June,A.D.2011. A 1 1FST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND fe4 Ay _ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ,s,U D po./,- �T SEAL 'any ,(1 By: Gerald F. Haley Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland ss: City of Baltimore On this 13th day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came FRANK E. MARTIN JR., Vice President,and GERALD F. HALEY,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 instalment 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. 0,r, r,;,., Constance A. Dunn Notary Public My.Commission Expires: July 14,2013 POA-F 031-3055A 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. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 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 Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12.The mailing envelope must be sealed and marked with: 'Bid Number; 'Project Name; 'Opening 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 COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Bonness Inc. Bidder Name Signature &Title Date: 8/7/2012 28 ITB 12-5928 16A19 ' HIM r_,1 1Jf li Lr H;•` • C;�,(�q. K,ROUr:'J•f.'I .. ,T". • f T r'C o-T AC#6 2 9 6 8 43 • STATE OF FLORIDA DEPARTMENT Tg O Ig � YRLggg NB RD�TIO CONSTRUCTION INDUSTRY A SE{ L12082332599 LICENSE NBR, .08/23/2012° 11 04 28 60 5 CZ1C12247" - The UNDERGROUND UTILITY '& EXCAVIT N Named below IS CERTIFIED, Under the provisions of Chapta l'4 .. `. . Expiration date: AUG 31, 2014 t>.. :4.0 4i .. BAILIE., KATHLEEN K BONNESS INC 1990 SEWARD AVE NAPLES FL 34109 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BYLAW 16A19 r,.�clr'. r.' i o.ui _I7 e� ��i. •r.'_: _i'.F'.':�, F;.rF� AC# 6296054 STAB OF FLORIDA DEPARTMENT_ ppgg BUSINESS MID PROFESSIONAL REGULATION 3RLTCTN INDUSTRY LICENSING BOARD SEQ#L12082301810 LICENSE NBR . '.CBC0S9904�:"` 01 110428610 �. . 3 2 -. �►. 08 .2 ./ � ,,,r�.� _. The BUILDING 'CO ACTOR f Named: below IS .CERTIFIED r r tinder the provisions of Chapter Expiration date: AUG 31, 2014 BAILIE, RATHLREN II ,b BONNES.3' INC 1990 SEWARD AVE NAPLES FL 34109 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW 16A19 COWER COUNTY BUSINESS TAX BUSINESS TAX.NUMBER: 980268 COWER COUNTY TAX COLLECTOR-2800 N.HORSESHOE DRNE-NAPLES FLORIDA 34104-(2391252-2477 VISIT OUR VI EBSITE AT:www.00iertax.00m THIS RECEIPT WIRES SEPTEMBER 30, 2013 LOCATION:1990 SEWARD AVE • ��R C O 4DISPLAY AT PLACE OF BUSINESS FOR PUNJC INSPECTION ZOCATI �� F t . FAILURE TO DO SO IS CONTRARY TO LOCAL LAW& BUSINESS PHONE: 597-6221 CORPORATIONS - THIS TAX IS NON-REFUNDABLE - $ 1 1 BONNESS.INC COUNTY LC: 18650 s BAILIE,KATHLEEN M +ly I PO BOX 9140 1 ' • '! -- • • NAPLES FL 34101-0000 •J r �• �t �• �Q NUMBER OF EMPLOYEES: 21 EMPLOYEES AND UP'"4 '". - • CLASSIFICATION:EXCAVATING SERVICE C L L� � DATE 07/122012 CLASSIFICATION CODE: 03702105 AMOUNT 150.00 This document is a business tax only.This is not certification that licensee is qualified. RECEIPT 876.42 It does not permit the licensee to violate any existing regulatory zoning laws of the state,county or cities f/ Rag nor does il exempt the licensee from any°Mertaxes or permits that may be required by law. rr► 1 6A19 COWER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 861758 COWER COUNTY TAX COLLECTOR-2800 It HORSESHOE DRIVE-NAPLES FLORIDA 34104-(2391252-2477 VISIT OUR WEBSITE AT:www.cowriax com THIS RECEIPT EXPIRES SEPTEMBER 30, 2013 LOCATION:1990 SEWARD AVE �t R C 0/. DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION F V' FAILURE TO DO SO IS CONTRARY TO LOCAL LAW ZONED: NAPLES w � - THIS TAX IS NON-REFUNDABLE - BUSINESS PHONE: 597-6221 V ' 1 . F ` i BONNESS INC COUNTY LIC: 12288 t BAILIE,KATHLEEN M i r ,w' i POBOX9140 % -.;.--1-'. NAPLES FL 34101-9140 . % .4-- r• . • O NUMBER OF EMPLOYEES: 51-100 EMPLOYEES -) . — -S CLASSIFICATION:PAVING CONTRACTOR-COMMERCIAL UNL © L L . G DATE 07112t2012 CLASSIFICATION CODE: 02101308 AMOUNT 225.00 This document is a business tax only.This Is not certlMcatlon that licensee Is qualified. RECEIPT 939.42 Its not permit the licensee to violate any existing regulatory zoning laws of the state,county or cities. nor does it exempt the licensee from any other taxes or permits that may be required by law. - , l 16U9 4 1 COLLIER COUNTY BUSINESS TAX .BUSINESS TAX NUMBER: 100787 COLJ.IER COUNTY Y TAX COLLEC TOR-2800 N.HORSESHOE DRIVE-NAPLES FLORIDA 34104.-1239)252-2477 VISIT OUR yVEBSITE AT:www.oalierIax0 THIS RECEIPT EXPIRES 8EPTEMSER,. DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION \� , L FAQ TO DO SO IS CONTRARY TO LOCAL LAWS. LOCATION: 1090 AVE • `,�41641-14,4411% �; -THIS TAX IS NON-REFUNDABLE ZONED: r'••• e coRPORA �% BUSINESS PHONE: 597-6221 V / . -Q t BONNESS IC LIC: CUC1224797 r a BAILIE,KATHLEEN I r I PO BOX 9140 1 i NAPLES FL 34101-9140 NUMBER OF EMPLOYEES: 1-10 EMPLOYEES ;_ — G'C DATE 07/11/2012 CLASSIFICATION:UNDERGROUND UTII.IEXCAVATING CONTFI� �G' DATE 18.12 CLASSIFICATION CODE:05102801 AMOUNT PT Ralf,518.00 This es notp M is a e licens tax�N•This+y nat ting mama try ��of the st$, or rim f +qi. n does rrd eem t th license f oma n a�r Mat may be required by law. (,; nor dose 8 exempt the licensee from any 1 6A19 • COWER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 100T88 COLLER COUNTY TAX COLLECTOR-2800 N.HORSESHOE DRNE-NAPLES FLORIDA 34104-(239)252-2477 VISIT OUR WEBSITE AT:www.colHertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2013 LOCATION: 1990 SEWARD AVE �,�R C Q/-, DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION ZONED: 1.� �1f ....Fes;/ .. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. BUSINESS PHONE: 5974221 0 TION� +�� - THIS TAX IS NON-REFUNDABLE - STATE UC: CBC059904 / BONNESS INC t BALE,KATHLEEN I * •;' I P O BOX 9140 ,`.'7 J NAPLES FL 34101-9140 i �4 r • /1 ,• . OQ NUMBER OF EMPLOYEES: 1-10 EMPLOYEES '44. ‘'. .,— �,� CLASSIFICATION:BUILDING CONTRACTOR C DATE 07/11/2012 CLASSIFICATION CODE:05104801 C L t._ AMOUNT 18.00 This document is a business tax only.This is not certification that Ioensee is qualified. /� RECEIPT 549.41 . It does not permit the licensee to violate any existing regulatory zoning laws.of the stets,county or cities .4 t Rr l nor does it exempt the licensee from any other taxes or permits that may be requimd by law. y 16A19 • COLLIER COUNTY BUSINESS TAX BUSINESS:TAX NUMBER: 100817 COWER COUNTY TAX COLLECTOR-2800 N.HORSESHOE DRIVE-NAPLES FLORIDA 34104-(2391252-2477 VISIT OUR VYEBSITE AT:www.COBfe.ax.COm THIS RECEIPT EXPIRES SEPTEMBER 30, 2013 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION.) \� C (1 FAILURE TO DO SO IS CONTRARY TO LOCAL LAMES. LOCATION:1990.SEWARD AVE v�' p %- '• TAX IS NON-REFUNDABLE - ZONED: INDUSTRAIL O t �` ��. STATE LIC: 1708890001-5974221 . . 1 BONNESS,INC.• j 1 KELLY,MARGARET M COUNTY :2009 i J. X- • PO BOX 9140 1 , - 1 NAPLES FL 34101-9140 t ':, r • ■ NUMBER OF EMPLOYEES: 1-10 EMPLOYEES '4I %•+• —' O CLASSIFICATION:FIRE PROTECTION CONTRACTOR e O L` Cr DATE 07/12120 CLASSIFICATION CODE:05107101 AMOU T 940.42 This document is a business tax only.This is not certlilatlon that licensee is qualified. E. >t does not psm>il the licensee to violate any existing regulatory zoning Jaws of the state,county or cities nor does tl exempt the licensee from any other taxes or pennbs that may be required by law. Rag ■ 1 Qualifier Certification Information CDPR2307 - Qualifier Certification Information Collier County Board of County Commissioners Printed on 9/29/201 10:39:16AM CD-Plus for Windows CERT NBR: 35770 QUALIFIER NBR: 12288 KATHLEEN M. BAILIE CLASS CODE: 1110 BUILDING CONTR.-CERTIFIED STATE NBR: CBC 059904 COUNTY COMP CARD: STATE EXP LIAB EXP WC EXP ORIG ISSD RENEWAL EXPIRES 8/31/2012 6/1/2011 6/1/2011 9/29/2010 8/31/2012 DBA: BONNESS INC WC EXEMPT: N OL EXEMPT: N ADDRESS: 1990 SEWARD AVE EXEMPT EXP DATE: CITY: NAPLES FL 34109- PHONE: (239)597-6221 FAX: (239) 597-8701 'OTE: It is the qualifier's responsibility to keep all business, licensing and requirements urrent and to provide up to date copies for Collier County files. This includes all insurance ertificates and any change of address information. Coilier County / City of Marco/ State Certified Contractor Licensing BUILDING CONTR.-CERTIFIED •rc Nbr:35770 Exp:8!31;2012 Status:ACTIVE ate Nbr:CBC 059904 Exp:8131/20;2 3ONNESS INC CATHLEEN M. BAILIE .990 SEWARD AVE IAPLES FL 4109- gr_ied: www.sunbiz.org - Department of State Page 1 of 3 mar FLORIDA DEPARTMENT OF STATE yy t ISO 1 OF CORPORATIONS' . ya Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit Detail by Entity Name Florida Profit Corporation BONNESS, INC. Filing information Document Number F19249 FEI/EIN Number 592055219 Date Filed 02/04/1981 State FL _ Status ACTIVE Principal Address 1990 SEWARD AVE NAPLES FL 34109 US Changed 07/01/2002 Mailing Address 1990 SEWARD AVE P 0 BOX 9140 NAPLES FL 34101 US Changed 04/22/1998 Registered Agent Name & Address BAILIE, KATHLEEN M 1990 SEWARD AVE NAPLES FL 34109 US Name Changed:01/18/2006 Address Changed: 04/22/1998 Officer/Director Detail Name&Address Title ST BARATTA, JANE E 4951 BONITA BAY BLVD UNIT 504 BONITA SPRINGS FL 34134 Title D BONNESS,JOSEPH D III 6830 SANDALWOOD LN NAPLES FL 34109 Title D JANCO,JEFF D http://w ww.stuibiz.org/scripts/cordet.exe?action°DETFIL&inq_doc_number=F19249&in... 12/13/2010 .- m S rn _,P, g a gm 7 m x :- q,... D m a a.. 7 S 0, m cc, :- r G f m `.t �: m * G 91 Rti * ,d A. g ° c m o x f D. m m o w m � m _ V la H - 2. a 3 c m m m m m �"' o/ ' • Mx NOt 0.. X01 CI W 9 C m N :N: \∎'l b No a X ti c' '... 3 a o a o :A A n > 'f7 i i n n .o c° 3 2) 2 a a c •o A a a .� 0 ca U = oN• _ c 4 O :c, a z m d O ru 12 4,4 d d Al tQ r w t C 02 V fD 0 2, 3 I y _r m = O b O w z 3k C n to Z - v po -,Co o r moo a 0 o N 013 y -o v - (TI m N co C 0 CO m n• a -c,' N 0 a a 3 G. a rn .. a a r 4 c4 r- tu O "}' O vi c v1Di p u, x co o b ,: m a 3 5 o a:'t a K O m 3 3 r 3 3 o = o c Eli 3 ro c d 'I? .. v x N `.0 T.T S .4 Z o O 0 Ix o Pi rt C 01 CR g N 1 O r o y o a a, m m 3 i o to - � CI 1) 3 it R,x 0 a► m ,_- 3 m j co '} f ; j N co) co w m 0 D r k k m C) t. z fr - ii,,,,!::::: ,',,,,,Ti, :; CO 0 P 3' I Q It '.rre . : ; Brit CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Bonness, Inc., ("Contractor") of 1990 Seward Avenue, Naples, FL 34109, a corporation ,authorized to do business in the State of Florida, to perform all work ("Work") in connection with Airport Pulling Road and Pine Ridge Crossings Signal Upgrade, Bid No. 12-5928 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Cardno TBE, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: THREE HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED FOURTEEN DOLLARS AND EIGHTY SEVEN CENTS ($347,314.87). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise 29 ITB 12-5928 acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.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 Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to 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, five hundred and sixty six dollars ($566.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be 30 ITB 12-5928 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. H. Recovery of Damages Suffered by Third Parties. 31 (TB 12-5928 Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Cardno TBE and identified as follows: Airport Pulling Road and Pine Ridge Crossings Signal Upgrade as shown on Plan Sheets T-1 to T-13. Exhibit N: Contractor's List of Key Personnel ITB 12-5928 Airport Pulling Road and Pine Ridge Crossings Signal Upgrade and Addenda 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 Collier County Traffic Operations Growth Management Division 2885 S. Horseshoe Drive Naples, Fl 34104 (239) 252-8260 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: 32 ITB 12-5928 Bonness, Inc. 1990 Seward Avenue, Naples, FL 34109 239/597-6221 Telephone, 239/597-7416 Fax Jane Baratta, Secretary/Treasurer 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. 33 ITB 12-5928 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. **** 34 ITB 12-5928 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Bonness, Inc. f __ C b . I I By: gam--- FIRST WITNESS l (� (� . I Jell ja , EXeC two, V1) < \ tk Man�-'S'1c�CL Type/Print Name and Title Type/Pri• ame V 4,....... 1� ,I-- _ S OND WITNESS J ea-1 yt e. e.Q✓1'YI VA Type/Print Name Date: o,� 20/2 Date: ' 1, ATTS'1 5 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwi ht E. Brock, l0i, 11--tk LAJ. Crat:t. BY.,-1, ' :, Y ily BY Attest it tot t tti. Fred W. Coyle, Chairman if gne mi Pr Approved As To Form and Legal Sufficiency: Print Name: .,` / / , -c-- Deputy County Attorney 35 ITB 12-5928 EXHIBIT A 1:and PinPUBLIC PAYENT BOND -4?Airport Pulling e Ridge CrossMings Signal Upgrade g. Bo .No. 12-5929081335 Contract nd No8 a KNOW ALL MEN BY THESE PRESENTS: That Bonness Inc. 1990 Seward Avenue,Naples FL 34119 aS" Principal, and Fidelity and:DepositCompany of Maryland aS Surety, located at 1400 American Ln,Tower 1,Schaumburg IL 60196 (Business Address) are.held and firmly bound to The Board of County.Commissioners of.Collier.County FL as Obli ee in the sum of Three Hundred=Forty"-seven Thousand Three Hundred"F.ourteen and 87/100-- ($ 347,314.8 ----- ) for the payment whereof we; find 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 2;012,'With Obligee'for, ,airport Pulling,Road at Pine Ridge"Crossings Signal Upgrade i ProjectNo.12-5928 :accordance with ;drawings and specifications,;which contract" s;incorporated byAreference and made a part hereof,`and is referred to Herein as he Contract THE CONDITION Of=THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in $ection 255 05(1), Florida Statutes,;supplying.Principal with labor,amaterlals or supplies,-used:.directly or indirectly by Principal in,the prosecution of the work•provided afor in the".contract, then this�bond,is+ void, otherwise.it remains,in fuH forc ' 1; Any chi ges ;in or under the Contract `and compliance or noncompliance with any formalities connected=witty the Contract:or the`changes do not:affect Suretres obligation undert is,Bond: The provisions'of this;bond are subject,to the time limitations"of Section.255 05(2y In no event ill the Surety be:liable in the'aggregate to;claimants for more than the;penal":; s: „ sum of"t is P ayment Bond, regardless of the number'of suits that"may.µbe 'filed by claimants.. ,^ IN WITNESS WHER€OF, the above parties have executed this instrument this day of 2012, the Warne of each party being affixed and these presents duly signed".by its under signed representative, pursuant to authority;of its governing body. •ITB 12-5928 • 36 OLykes.Insurance EXPERIENCE the POWER of PARTNERSHIP Public Construction Bond NO.9081335 Project 12-5928 Signed, sealed and delivered in the presence of: PRINCIPAL 1, , c . C(= „ ).„„. ,l 4 Oil Bonness Inc. y 1 = �A ry^'`^ ,-- BY: 11111111111111h. Witnesses as to Principal NAME: CL1L� ':•,%11 : ,' ITS: See -a'�!� l'- '-” • I STATE OF Florida COUNTY OF:_Collier The foregoing instrument was acknowledged before me this day of 2012, by J i tte- �S rf� 6 , as S PC' 7�i � of Bonness Inc ,,a Florida torpor tion,.on of the corporation.'F#e/she•is personalty known _to'me OR has produced as identification and did�(did°not),take an oath. My'Commission Expires `antami / �o��a�n�s f� �� _ ( !n a t u r e of Notary)ANNE C ,* c i .* MY CQMMISSION 4DD9°4924 Ct.K/kLei c .. EXPIRES.August 4,2013. NAME. ZT �/J� '''-=,,. '0`. sondedThruSudgettiotarSerikite - (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of .- ° Commiss ion;No.: ATTEST: SURETY: Fidelity and Deposit Company of Maryland° (Printed Name) 1400 American Lin,Tower 1 Schaumburg IL-60196 (Business Address N/A. N/A (Authorized Signature) Witnesses to Surety (Printed Name) rr8 12-5928 37 ØLykes.. EXPERIENCE the POWER of PARTNERSHIP Insurance • Public Construction Bond No.9081335 Project No. 12-5928 `Q OR 1 f J dfr• , ,,,_, , e_kiii/p As Attorney in Fact and Florida Licensed (Attach Power of Attomident Agent c � Eileen C.Heard `WItn sses (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 acknowledged before me this 20th day of September , 2012, by Eileen C.Heard as Attorney-in-fact and Florida Licensed Resident of Fidelltry and ®eposit Company"of Maryland A ent Surety, on`behalf of Surety He/She`is pore - kn to me d known as id= t' ,cation and who.did (did not) take an oath. MyComrission Expires: (Signat Peter A.Thomson ame:, y- !Votary Public,State of Florida ••• lesion#EE 139336 eg bly Printed) p �� E*pires December 15,2015 Bonded Thru Western Surety Co, (AFFIX,OFFICIAL SEAL) " FL Notary Public, State off; Commission No. ITB 12-5928 38 OLykes. EXPERIENCE the POWER of PARTNERSHIP Insurance 0 c EXHIBIT A 2: PUBLIC PERFORMANCE BOND I- Airport Pulling Road and Pine Ridge Crossings Signal Upgrade m Bond No. 9081335 Contract No. 12-5928 KNOW ALL MEN BY THESE PRESENTS: That Bonness Inc. , as Principal, and Fidelity and Deposit Company"ofMaryland , as Surety, located at 1400 American Ln,Tower 1,Schaumburg IL 60196 - (Business Address) are held and firmly ", bound to The Board of County Commissioners of Collier County FL , as O ll g ee in the sum of Obligee Three Hundred Fo seven Thousand Three Hundred Fourteen and 87/10.0- . .- U.S.Dollars rh'- - ($347,314.87----------- ) for the payment whereof we bond,ourselves,,wour heirs, executors, personal representatives, successors and assigns, jointly and severally_ WHEREAS, .Principal has entered into a contract dated--as of the ,day of 2012, with Obligee for Airport Pulling Road at-Fine Ridge Crossings"Signal Upgrade,Project No. 12-592 in accordance with ,drawings 'and specifications, which contract. is incorporated by reference'and made a part hereof, and is referred to,herein as the'Contract - THE CONDITION OF THIS BOND is that if Principal:: 1 Performs the'Contract-at-the times and in the Manner prescribed in the Contract; and 2. Pays Obligee any and all' losses, damages, costs and attorneys' fees that Obligee sustains.because of any default by Principal;under the Contract, including, but not limited rto, all delay:damages, whether liquidated or actual, incurred by Obligee; an 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'oftime, alterations or additions to the terms of the Contract or to work or to the specifications. 1113 12-5928 39 OLykes. EXPERIENCE the POWER of PARTNERSHIP Insurance Public ject ConstNo.r 12-uction 5928 Bond No.9081335 This instrument shall be construed in all respects as a common law bond. It is v 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 2012, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL Bonness Inc. Witnesses as to Principal." NAME: = i ITS: ®" .0 c `i ."•1 STATE OF Florida '. COUNTY OF Collier a The foregoing instrument was ack owledged` be ore _me this day of , 2012, "by Ja�.e_ as O/r /"2l a .1,v1- of Bonness Ine a Florida ' corporation, on behalf of the corporation. . le/she is personally known "to me OR has produced , as identification an„d did (did9 not) tak: oath.. M Commission y Expires:gky p& IEcs iatore) * r "14Y COMMISSION 4 DD 904824' ' EXPIRES.August 4,2013 �o Bonded August 4, Name Pal - IRIS (Legibly:Printed) (AFFIX OFFICIAL SEAL) Notary Public, Stat ,�o v Commission No.: 11 12-5928 40 B m yices. EXPERIENCE the POWER of PARTNERSHIP Insurance • Public Construction Bond No.9081335 Project No. 12-5928 ATTEST: SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1400 American Ln,Tower 1 Schaumburg IL 60196 (Business Address) N/A (Authorized Signature) N/A Witnesses as to Surety (Printed Name) 0„9\4:::)1Aiciu OR As Attorney in Fact and Florida Licensed Resident Agent (Attach Power of Attorney) F 3 Eileen C.Heard Witnesses (printed_Name) Lykes Insurance 400 N Tampa St,#2200 Tampa am ;'33602 (Btsiness Address) 813-223-3911 Telephone.Number) STATEE:OF Florida COUNTY-OF Hillsborough The foregoing instrument was acknowledged before me this 20th ;day : of 2il i2 by Etleen C Heard as Attorn infact and Florida Licensed Resident September ,. y ' eY of Fideli De cit Company of land a a and co °o .tion, Agent �°�n� �� p v M� �. � . �?� � u, Surety, on behalf of,' Surety. He/She is perso iy known to me known as enti ication' . d who •id (did not) take an oath. My Commission Expires: • 'fit` re) Peter A.Thomson ` -,,, Public,State of Florida ..� �Nota�`y. erne: Corntniss cio #EE 139336 -- .•ices Oec�mber t5,201 b Legi• y Printed) Bonded Thru Western Surety Co. (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: ITB 12-5928 41 L es. m . EXPERIENCE the POWER of PARTNERSHIP Insurance 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 : - a . aryland,by FRANK E. MARTIN JR.,Vice President,and GERALD F.HALEY,Assistant Secretary,in . r .O4 v. . ity granted by Article VI, Section 2,of the By-Laws of said Companies,which are set forth r� s .P ereo igud"!e hereby certified to be in full force and effect on the date hereof,does hereby nom...0,1 ,: =l I�� a...',, t . � I SON,Richard P. RUSSO,JR.,Tanya L.RUSSO,Eileen C.HE• '1 cg TI • t, • . .�, '• I ric ARCHERD,all of Tampa, Florida, EACH its true and lawful al-•t . : - 11.4' - a •tq ,« ,,�1 - ,seal and deliver,for,and on its behalf as surety,and as its act and de-•• ,:iii• . ' ; • ds 1•C� . n! ,,land the execution of such bonds or undertakings in pursuance of these t��,,,, 4 y.11 .'- as .�.• 1�.. �f�ompanies,as fully and amply,to all intents and purposes,as if they had been duly =mac. e• dc4+'i• =_ .y the regularly elected officers of the Company at its office in Baltimore, Md., in their own pr.&472, . 1 power of attorney revokes that issued on behalf of Richard P.RUSSO,JR.,Tanya L. RUSSO,Peter A. ,Eileen C.HEARD,Megan MANNING,dated April 21,2010. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of 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 13th day of June,A.D.2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY '1,p DEPas,, C j� .. }�"Ojv o . OWN S _ llN s 8EAL i * outs 'y (.1 By. . �., I Gerald F. Haley Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland 1 ss: City of Baltimore f On this 13th day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, 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. 0,t,111 i,,,,, Constance A. Dunn Notary Public My Commission Expires: July 14,2015 POA-F 031-3055A 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 of judgements, 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 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, 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 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 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 DEPOSIT 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 of the said Companies, this day of , L2e . Assistant Secretary • 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. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County 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 42 (TB 12-5928 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. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverage(s) 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 coverage(s) 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. 43 ITB 12-5928 A`°RO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/06/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. 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). PRODUCER CONTACT Marsh USA,Inc. NAME: 3031 N.Rocky Point Drive West,Suite 700 PHONE FAX Y IA/C.No.Ext): (A/C,No): Tampa,FL 33607 A DRIESS: Attn:Kim.L.Arvanitis @Marsh.com;Ph:(813)207-5174 INSURER(S)AFFORDING COVERAGE NAIC# 101266-Bonn-Cas-12-13 INSURER A:Illinois National Ins Co 23817 INSURED INSURER B: New Hampshire Insurance Company 23841 Bonness,Inc. 1990 Seward Avenue INSURER C: N/A N/A Naples,FL 34109 Insurance Company Of The State Of PA 19429 INSURER D: om P an Y INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-002998680-04 REVISION NUMBER:3 THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER IMM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY GL9612842 06/01/2012 06/01/2013 EACH OCCURRENCE $ 1,750,000 �` COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 500,000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ _ X SIR.$250,000 PERSONAL&ADV INJURY ,$ 1,750,000 GENERAL AGGREGATE $ 3,750,000 GE 'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 3,750,000 POLICY X 28: LOC $ B AUTOMOBILE LIABILITY CA1707569 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS AUTOS t ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Peracadent) $ UMBRELLA LIAB OCCURI EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ DED RETENTION$ $ D WORKERS COMPENSATION WC035896327 06/01/2012 06/01/2013 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE 1,�0�,�Ot) OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project:For any and all jobs performed for Collier County. Collier County is included as Additional Insured where required by written contractor agreement with respect to General Liability, CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS, Naples,FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Kim Arvanitis } - ..u.: b. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Collier County Florida Insurance and Bonding Requirements Insurance Ii 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 $1.000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1.000.000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Project Professional Liability $ Per Occurrence 44 ITB 12-5928 ❑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 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. Z Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 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 Bonness Inc. Date 8/7/2012 Vendor Signature _ Print Name Jane Baratta Insurance Agency Marsh USA Agent Name Kim Arvanitis Telephone Number 813-207-5174 45 ITS 12-5928 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 2012 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2012, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 46 ITB 12-5928 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ % after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % 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: (Signature) DATE: (Type Name and Title) 47 ITB 12-5928 } j oaI eee q $ \&/ @k ! me � £ % / 0 // 22 f N3 £ _ @ - < 0 $ � \ T IIIi §) Mtn \ \/1111111i iI e \ j L § k j \ / / \ k \ § % \ \ \\� o ■ ° o e = k k � � � ) � ® \ \ $ 111111111111111011111 o U) jj I 2 $ \ \ ' �k . © , mo6 / £ 2 & 2 £ / +f -D= k m 25 £ \ o : m ; gym / #k m K - } . - / z C) 0 F- d a w .+ c w as c Ts m w -a 0 n d 'c O 0 cc a W N U .E + < To 0 iu O = -5 U .0 To • L c •0 > as m 7) a. d 0 Q' t d Co Ta a _ ; EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 51 ITB 12-5928 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To 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. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 52 ITB 12-5928 RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 53 ITB 12-5928 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 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 Documents. 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 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 55 ITB 12-5928 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; 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 56 ITB 12-5928 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. 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 57 ITB 12-5928 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. 4.3 Contractor shall submit all Applications for Payment to Mark Modjeski, Cardno TBE, Inc, located at 12481 Telecom Drive, Tampa, FL 33637 and whose telephone number is 813/221-0048. 4.4 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 58 ITB 12-5928 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. 4.5 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. 4.6 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 throughout the course of the Project schedule. Owner shall reduce the amount of the iretainage 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. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 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 59 ITB 12-5928 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. 4.9 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. 4.10 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 a ll amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 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. 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. 60 (TB 12-5928 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. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 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, 61 ITB 12-5928 materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 62 ITB 12-5928 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit 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 63 ITB 12-5928 approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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. 64 ITB 12-5928 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. No markup shall be placed on sales tax, shipping or subcontractor markup. 65 ITB 12-5928 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 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. 66 ITB 12-5928 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 67 [TB 12-5928 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the 68 ITB 12-5928 Bidder does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said 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, 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 69 ITB 12-5928 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 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 70 ITB 12-5928 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 therefore 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 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. 71 ITB 12-5928 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 72 ITB 12-5928 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 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. 73 ITB 12-5928 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. If required by Project Manager, Contractor shall as directed, either corrects all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract 74 ITB 12-5928 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 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. 75 ITB 12-5928 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.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 76 ITB 12-5928 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 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 77 ITB 12-5928 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. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 78 ITB 12-5928 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. 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 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. 79 ITB 12-5928 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 80 ITB 12-5928 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field. Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, 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 81 (TB 12-5928 roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 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 82 [TB 12-5928 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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. 83 ITB 12-5928 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 84 ITB 12-5928 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. 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. 85 ITB 12-5928 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http://bid.colliergov.net/bid/ 86 ITB 12-5928 EXHIBIT J: TECHNICAL SPECIFICATIONS Airport-Pulling Rd. at Pine Ridge Crossing Shopping Center Upgrade Existing Span Wire Traffic Signal to Mast Arm Traffic Signal Assembly The following sections correspond with the Price Proposal List and are excerpts from the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2010 for this project and do not contain the complete specification. See the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2010 for the specifications in their entirety. Collier County Traffic Operations has recently adopted a four (4) inch diameter Wiring Entrance Hole to accommodate the size of the wiring bundle required to service the Signals, Illuminated Signs, Detection equipment, etc., on mast arm assemblies. This four (4) inch Wiring Entrance Hole design is available in the Collier County Technical Special Provisions for FDOT Standard "0" Series Mast Arm Assemblies-. For Mast Arms that require a non-standard Special Design, the responsible engineer will need to provide design calculations for the assembly that the required four (4) inch Wiring Entrance Hole design for the Upright Pole and Arm Flange Connection Plates is structurally sound. Signal Installation shall conform to the latest FDOT Supplemental Specifications for Traffic Signals and Collier County Traffic Signal, Fiber Optic Cable, and Roadway Lighting Installation Technical Special Provisions. Where conflicts arise, the County's Specifications shall prevail. SECTION 4 SCOPE OF THE WORK 4-1 Intent of Contract The intent of the Contract is for the Contractor to furnish and install all necessary materials, labor, and equipment to upgrade the existing span wire traffic signal to a complete in-place traffic signal mast arm assembly per the Airport-Pulling Road and Pine Ridge Crossing Shopping Center Signalization, Signing & Marking Plans as prepared by the Engineering Firm of Cardno/TBE Sheets T-1 thru T-13. The work includes earthwork and concrete placement for pole foundations, installation of conduit with required earthwork, erection of mast arms, installation of signal heads, controller cabinet, and installation of all wiring, appurtenances, and auxiliary equipment necessary for the complete installation of the traffic signal system as shown on the plans and per the State of Florida, Department of Transportation Basis of Estimates in accordance with the Contract Documents and Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2010 edition, Florida Department of Transportation Design Standards 2010 Edition, and Collier County Traffic Operations Traffic Signal, Fiber Optic, and Roadway Lighting Technical Special Provisions. Where conflicts arise, the County's Specifications shall prevail. The Existing Span Wire Signal installation shall remain in operation until the new Mast Arm Signal installation has passed conditional acceptance testing. The maintenance of the existing signal shall be the responsibility of the Contractor. Upon acceptance of the new Mast Arm Traffic Signal Installation the Contractor shall remove the Existing Span Wire Traffic Signal Assembly in its entirety and dispose of all components of the structure from the job site. See FDOT 690-1. It is the County's intent to award this project to a single firm. 87 (TB 12-5928 SECTION 101 MOBILIZATION 101-1 Description. Perform preparatory work and operations in mobilizing for beginning work on the project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, and sanitary and other facilities. Include the costs of bonds and any required insurance and any other preconstruction expense necessary for the start of the work, excluding the cost of construction materials. SECTION 102 MAINTENANCE OF TRAFFIC 102-1 Description. Maintain traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. Construct and maintain detours. Provide facilities for access to residences, businesses, etc., along the project. Furnish, install and maintain traffic control and safety devices during construction. Furnish and install work zone pavement markings for maintenance of traffic in construction areas. Provide any other special requirements for safe and expeditious movement of traffic specified on the plans or encountered during construction. Maintenance of Traffic includes all facilities, devices and operations as required for safety and convenience of the public within the work zone. Do not maintain traffic over those portions of the project where no work is to be accomplished or where construction operations will not affect existing roads. Do not obstruct or create a hazard to any traffic during the performance of the work, and repair any damage to existing pavement open to traffic. Include the cost of any work that is necessary to meet the requirements of the Contract Documents under the MOT pay item, when there is not a pay item provided. SECTION 520 CONCRETE GUTTER, CURB ELEMENTS, AND TRAFFIC SEPARATOR 520-1 Description. Construct Portland cement concrete curb and gutter, concrete traffic separator, valley gutter, special concrete gutter, and any other types of concrete curb not specified in other Sections. 520-2 Materials. 520-2.1 Concrete: Use concrete meeting the requirements of Section 347. 520-2.2 Reinforcement: For all steel reinforcement required by the plans, meet the requirements of Section 415. 520-2.3 Joint Materials: Meet the requirements of Section 932. SECTION 522 CONCRETE SIDEWALK 522-1 Description. Construct concrete sidewalks. 522-2 Materials. Meet the requirements specified in Section 520-2. 522-3 Forms. Provide forms as specified in Section 520-3. 522-4 Foundation. Compact fill areas, including cut areas under the sidewalk that have been excavated more than 6 inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the sidewalk when right-of-way allows. 522-5 Joints. 88 (TB 12-5928 522-5.1 Expansion Joints: Form 1/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and sidewalk intersections with a preformed joint filler meeting the requirements specified in 932-1.1. 522-5.2 Contraction Joints: 522-5.2.1 Types: The Contractor may use open type or sawed contraction joints. 522-5.2.2 Open-Type Joints: Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete on both sides. After the concrete has set sufficiently to preserve the width and shape of the joint, remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having a 1/2 inch radius. 522-5.2.3 Sawed Joints: If electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 1/2 inches deep with a concrete saw after the concrete has set, and within the following periods of time: Joints at not more than 30 feet intervals within 12 hours after finishing. Remaining joints within 96 hours after finishing. SECTION 555 DIRECTIONAL BORE 555-1 Description. 555-1.1 Scope of Work: The work specified. in this Section documents the approved construction methods, procedures and materials for Directional Boring, also commonly called Horizontal Directional Drilling (HDD). 555-2 Materials. 555-2.1 General: Materials are defined as pipe or conduit that becomes the installed product. Incidental materials that may or may not be used to install the product depending on field requirements are not paid for separately and will be included in the cost of the installed product. SECTION 630 CONDUIT 630-1 Description. Install conduit for traffic signals and other electrically powered or operated traffic control devices as shown in the plans and Design Standards, Index No. 17721 and Collier County Signalization Technical Special Provisions (CCSTSP). 630-4.2 Furnish and Install: The Contract unit price per foot of conduit, furnished and installed, will include furnishing all hardware and materials as specified in the Contract Documents, and all labor, trenching, backfilling, and restoration materials necessary for a complete and accepted installation. Payment for conduit placed in the ground or used on bridge decks will be based on the horizontal path of the installed conduit as measured in a straight line between the centers of pull boxes, cabinets, poles, etc. No allowance will be made for sweeps or vertical distances above or below the ground or the bridge deck. Due to conditions which may exist on the project site, the Contractor may furnish conduit in variable lengths. Furnishing and installing the locate wire is included in the cost of the conduit. Conduit used for fiber optic cable includes the cost of furnishing and installing the locate wire and the cost of conducting the continuity test and the insulation resistance test. SECTION 632 SIGNAL AND INTERCONNECT CABLE 632-1 Description. Install underground and aerial signal and interconnect cable. 632-6.2 Furnish and Install: The Contract unit price per intersection for Cable (Signal) and per foot for Cable (Interconnect), furnished and installed, will include furnishing all material, hardware, support wire, cable ties, cable clamps, lashing wire, terminal connectors, cable grounding and labor necessary for a complete and accepted installation. 89 ITB 12-5928 Payment for Cable (Signal) will be based on the number of intersections at which signal cable is furnished and installed. Payment for Cable (Interconnect) will be based upon the length installed between cable terminations, as determined by the manufacturer's sequential markings printed on the cable jacket, recorded to the nearest foot. SECTION 635 PULL AND JUNCTION BOXES 635-1 Description. Install pull and junction boxes for traffic signals. 635-2 Materials. Use Pull and Junction Boxes listed on the FDOT's Approved Product List (APL). Ensure that all Pull and Junction Boxes are marked in accordance with Section 603 and the markings are visible after installation. 635-3 Pull Boxes Installation. Install pull boxes in accordance with the Design Standards, Index No. 17721 and Collier County Signalization Technical Special Provisions (CCSTSP). Ensure that the pull box cover is flush with the finished grade or sidewalk. Do not install pull boxes in roadways, driveways, parking areas, ditches or public sidewalk curb ramps. SECTION 639 ELECTRICAL POWER SERVICE ASSEMBLIES 639-1 Description. Install electrical power service assemblies for either overhead service or underground service in accordance with the details shown in the Design Standards, Index No. 17736 and Collier County Signalization Technical Special Provisions (CCSTSP). 639-2 Definitions. (b) Underground Service: A service assembly which is supplied electrical power from an underground power company source. Include with an underground electrical power service assembly the following components: (1) Conduit (2) Service wire (3) Meter base (when required) (4) Service disconnect assembly (5) Transient Protection Device 639-3 Materials. Use materials meeting the requirements of Section A639 of the current Minimum Specifications for Traffic Control Signal Devices (MSTCSD), except as provided in 603-2.2. 639-4.4 Electrical Service Wire: Install the electrical service wire in a manner which will ensure that damage to the installation will not occur. Ensure that the service wire is of sufficient length after installation in the conduit to provide for attachment to the power company service and for termination within the cabinet for which power is required. SECTION 649 GALVANIZED STEEL STRAIN POLES,and MAST ARM ASSEMBLIES 649-1 Description. The work in this Section consists of furnishing and installing galvanized steel strain poles, galvanized steel mast arm(s) and galvanized steel monotube assemblies in accordance with the details shown in the Contract Documents, subject to a five year warranty period as defined herein. The warranty period will apply only when strain poles, mast arms or steel monotube assemblies are painted as called for in the Contract Documents. 90 ITB 12-5928 649-2 Materials. Use strain poles and mast arm assemblies listed on the FDOT's Qualified Products List (QPL) for all standard configurations shown in the Design Standards and Collier County Signalization Technical Special Provisions (CCSTSP). Obtain strain poles, mast arm, and monotube assemblies from a fabrication facility that is listed on the FDOT's list of metal producers with accepted quality control program, meeting the requirements of 105-3. Provide shop drawings and signed and sealed calculations, as needed, in accordance with Section 5 for configurations shown in the plans and denoted as special. Use coating products meeting the requirements of Section 975. Use grouts meeting the requirements of Section 934 listed on the FDOT QPL. Use water meeting the requirements of Section 923. Use membrane curing compounds meeting the requirements of Section 925. 649-3 Fabrication. Fabricate strain poles, mast arm and monotube assemblies and miscellaneous hardware in accordance with the Contract Documents. Cut all materials to the final dimensions and complete all welding prior to galvanizing. Obtain all components for individual strain poles, mast arm and monotube assemblies from the same fabricator. Obtain the luminaire and bracket from other sources, when necessary. Affix an aluminum identification tag which will be visible from the handhold or located inside the terminal box containing the information described in the Design Standards. Before shipping, assemble mast arm and monotube assemblies including luminaire and bracket, to assure proper fit. The mast arm and monotube assemblies may be separated for shipment. Ensure all components are protected from damage during shipping and handling by wrapping or other effective methods. Replace any component, which the Engineer determines is damaged beyond repair, at no additional cost to the Department. If components are wrapped for shipment, remove wrappings no later than five days after receipt of components or immediately if the wrappings become saturated. Post these instructions in brightly colored wording on the wrapper. Failure to comply with these instructions may lead to damage of the coating system and will be cause for the rejection of the component. 649-4 Coatings. 649-4.1 Galvanizing: Galvanize all components in accordance with ASTM A 123, except galvanize all fastener assemblies in accordance with ASTM A 153. Use galvanizing methods which provide surfaces suitable for painting. 649-4.2 Surface Preparation: Prepare all galvanized surfaces to be painted in accordance with ASTM D 6386 and the manufacturer of the coating system's specifications. Provide a clean and suitable galvanized surface that maximizes coating system adhesion. Measure the thickness of the zinc coating after completion of surface preparation using a magnetic thickness gage in accordance with ASTM A 123. Ensure sufficient galvanizing remains on the substrate to meet the requirements of ASTM A 123 and the Contract Documents. Correct any deficient areas to the satisfaction of the Engineer at no additional cost to the Department. 649-4.3 Painting: The Mast Arm Assemblies shall be painted per the following: The default finish color coat shall be "English Ivy" equal to Ameron Coatings PSX 700T3 Color Number 510007-217. The default finish color coat shall be Federal Code Color RAL 6005. 649-4.3.1 General: When required by the Contract Documents, provide painted strain poles, mast arms and monotube assemblies. Provide products from a fabricator on the FDOT list of Prequalified Fabricators of Painted Galvanized Steel Strain Poles, Mast Arms and Monotube Assemblies. Provide products that will meet specification requirements throughout the warranty period. Meet the color requirement as specified in the Contract Documents. Provide the 91 ITB 12-5928 Engineer with two metal sample coupons, a minimum of 2 x 4 inches, painted concurrently and with the same paint as was used on the first lot of any strain poles, mast arms and monotube assemblies delivered to the jobsite. Provide sample coupons and manufacturer product data sheets to the Engineer along with the delivery of the first shipment of any painted strain poles, mast arms or monotube assemblies delivered to the jobsite. At the time of their delivery, the sample coupons described in this paragraph shall match the color of the strain poles, mast arms and monotube assemblies to within 1,6E measured as specified in Section 975-7. If the delivered sample coupons exhibit a difference in color from the strain poles, mast arms and monotube assemblies greater than 1AE then the sample coupons will be considered unacceptable and no payment shall be made for the materials which the sample coupons represent. Those materials shall not be accepted by the Department until acceptable representative sample coupons in accordance with the requirements of this Section have been delivered to the Engineer. 649-4.3.2 Responsible Party Warranty: When the Contract Documents call for painted galvanized steel strain poles, mast arms or monotube assemblies, the Contractor shall designate a Responsible Party to accept responsibility. The Responsible party designated by the Contractor must execute and deliver to the Department a form, provided by the Department, prior to the first delivery to the jobsite of any painted strain poles, mast arms or monotube assemblies, stipulating that the Responsible Party accepts responsibility for ensuring the coating system adhesion and color retention requirements as specified in Section 975-7 are met for a period of five years after final acceptance in accordance with Section 5-11 Acceptance. The Responsible Party shall also bear the continued responsibility for performing all remedial work associated with repairs of any adhesion or color retention failure as defined in Section 975, as to which notice was provided to the Responsible Party within the five year warranty period. Failure to timely designate the Responsible Party will result in the Contractor being the Responsible Party unless otherwise agreed to in writing by the Department. The responsible Party shall be either the Contractor or the Fabricator. When the Responsible Party is the Fabricator, the Responsible Party shall be one of the Fabricators listed on the "Prequalified Fabricators of Painted Galvanized Steel Strain Poles, Mast Arms and Monotube Assemblies." This list may be viewed on the FDOT website at the following URL: www.dot.state.fl.us/construction/ Upon final acceptance of the Contract in accordance with Section 5-11 Acceptance, the Contractor's responsibility to ensure that the coating system adhesion and color retention requirements specified in Section 975-7 will terminate. The obligations of the Responsible Party set forth in this Section shall start at final acceptance of the Contract in accordance with Section 5-11 Acceptance and continue thereafter until expiration of the five year warranty period. SECTION 650 VEHICULAR SIGNAL ASSEMBLIES 650-1 Description. Install vehicular traffic signal assemblies. For additional requirements related to the installation of the signals, refer to the appropriate Sections for the installation of related elements of the overall traffic signal system. 650-2 Materials. Use signal and signal lamps currently listed on the FDOT's Approved Product List (APL). Ensure that all equipment is marked in accordance with Section 603. 650-4.2 Furnish and Install: The Contract unit price per assembly for Traffic Signal, furnished and installed, will consist of the traffic signal assembly, including all hardware, labor, and materials necessary for a complete and accepted installation. Includes standard traffic signal, with LED indicators, and all other materials necessary for a complete and accepted installation. 92 ITB 12-5928 SECTION 653 PEDESTRIAN SIGNAL ASSEMBLIES 653-1 Description. Install pedestrian signal assemblies as shown in the plans and Design Standards, Index No. 17764 and Collier County Signalization Technical Special Provisions (CCSTSP). 653-2 Materials. Use only pedestrian signals currently listed on the FDOT's Approved Product List (APL). Ensure that all equipment is marked in accordance with Section 603. SECTION 665 PEDESTRIAN DETECTOR ASSEMBLY 665-1 Description. Install pedestrian detector assembly AS SHOWN IN THE PLANS and Design Standards, Index No. 17764 and Collier County Signalization Technical Special Provisions (CCSTSP). 665-2 Materials. Use only an ADA (Americans with Disabilities Act) compliant pedestrian detector assembly listed on the FDOT Approved Product List (APL). Ensure that all pedestrian detectors are marked in accordance with Section 603 and the markings are visible after installation. 665-3 Installation. Meet the requirements of 653-3.1, except as follows. Connect the lead-in wires to the detector in order to provide proper operation when connected to the controller. Install the pedestrian detector assembly at the location and mounted in a manner as shown on the plans and Design Standards, Index No. 17784 (Pedestrian Detector Assembly) and Collier County Signalization Technical Special Provisions (CCSTSP). Ensure that all detectors used are of the same manufacturer and model. Consider the plans to be sufficiently flexible as to allow for unanticipated field conditions at the site. The Engineer will direct any variation from the locations shown. Mount the pedestrian detector assembly at the height (center of push-button) of 3 1/2 to 4 feet above the sidewalk. When mounting, place the detector housing or saddle in complete contact with the pole or controller cabinet. Orient the pedestrian detector assembly and sign to point in the same direction as the corresponding crosswalk. When a post is required in the installation of the pedestrian detector assembly, restore the area around the post to its original condition or as required by the plans. SECTION 670 TRAFFIC CONTROLLER ASSEMBLY 670-1 Description. Install traffic controller assembly or flashing beacon controller assembly. 670-2 Materials. Use a traffic controller assembly or flashing beacon controller assembly listed on the FDOT Approved Product List (APL). Ensure that the traffic controller assembly or flashing beacon controller assembly is marked in accordance with Section 603 and the markings are visible after installation. 670-3 Installation Requirements. 670-3.1 Controller Cabinets: Meet the requirements of Section 676 and Collier County Signalization Technical Special Provisions (CCSTSP). 670-3.2 Field Wiring: Meet the requirements of Sections 632 and 676 and Collier County Signalization Technical Special Provisions (CCSTSP). 670-3.3 Grounding: Meet the requirements of Sections 620 and 676 and Collier County Signalization Technical Special Provisions (CCSTSP). 670-3.4 Equipment Placement: Install all equipment in the cabinet in accordance with the manufacturer's recommendations and Collier County Signalization Technical Special Provisions (CCSTSP). 93 !TB 12-5928 670-4.2 Furnish and Install: The Contract unit price per assembly for Traffic Controller Assembly or Flashing Beacon Controller Assembly, furnished and installed, will include all equipment specified in the Contract Documents, and all labor, equipment, and miscellaneous materials necessary for a complete and accepted installation. SECTION 690 REMOVAL OF EXISTING TRAFFIC SIGNAL EQUIPMENT 690-1 Description. Remove existing traffic signal equipment including electrical and electronic equipment, supporting hardware and structures, electrical wiring, conduit, and all other elements specified and required to clear the areas of concern for new installations. SECTION 699 INTERNALLY ILLUMINATED SIGNS 699-1 Description. The work in this Section consists of furnishing and installing an Internally Illuminated Street Name Sign in accordance with the details specified in the Contract Documents. 699-2 Materials. 699-2.1 General: Use internally illuminated street name sign assemblies and associated mounting hardware meeting the requirements of the Minimum Specifications for Traffic Control Signal Devices (MSTCSD) and listed on the FDOT Approved Product List (APL) and Collier County Signalization Technical Special Provisions (CCSTSP). Ensure all internally illuminated street name signs are marked in accordance with Section 603 and the markings are visible after installation. Replace any component which the Engineer determines is damaged beyond repair at no additional cost to the Department. SECTION 700 HIGHWAY SIGNING 700-1 Description. Furnish and erect aluminum or steel roadway signs, with supporting posts or columns, at the locations shown in the plans, in accordance with the details shown in the plans. Reflectorize all signs, and, when so specified in the plans, provide overhead signs with lighting. The Department designates Ground Traffic Signs as all signs erected on the shoulders, slopes, or medians, but not extending over the traveled roadway. The Department designates signs erected partially or completely over the traveled roadway or mounted on bridges as Overhead Traffic Signs, and may further classify some of these signs as Overhead Cantilever Traffic Signs. 700-2.5 Overhead Sign Structures: 700-2.5.1 FDOT Design: When the overhead sign structure is detailed in the plans, submit shop drawings to the Department for approval as specified in Section 5. Prior to the submittal of the shop drawings, determine the actual length of support columns for all sign structures on the basis of existing field conditions and include these lengths on the shop drawings. SECTION 711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS 711-1 Description. Apply new thermoplastic traffic stripes and markings, or refurbish existing thermoplastic traffic stripes and markings, in accordance with the Contract Documents. 711-2 Materials. 711-2.1 Thermoplastic: Use only thermoplastic materials listed on the Qualified Products List. SECTION 782 INTELLIGENT TRANSPORTATION SYSTEMS VIDEO EQUIPMENT 782-1 CCTV Camera. 94 ITB 12-5928 782-1.1 Description. Furnish and install a closed-circuit television (CCTV) camera at the location(s) shown on the plans. Ensure that the installed equipment provides unobstructed video images of the roadway, traffic, and other current conditions around a roadside CCTV field site; that it responds to camera control signals from the operator; and that the video images can be transmitted to remote locations for observation. SECTION 783 INTELLIGENT TRANSPORTATION SYSTEMS FIBER OPTIC CABLE AND INTERCONNECT 783-1 Fiber Optic Cable System. 783-1.1 Description. Furnish and install a fiber optic cable system as shown in the plans. 783-1.2 Materials: 783-1.2.1 Fiber Optic Cable: Provide all-dielectric, dry-filled, loose-tube, dispersion--unshifted, single-mode fiber (SMF) with low water peak, gel free, and suitable for underground (i.e., in conduit) and aerial outside plant installation. All fiber optic cable shall be splice-compatible with the FDOT's existing dispersion-unshifted SMF and require no electronic equipment for dispersion compensation between new and existing fiber. Ensure that all components that comprise a single length of cable are continuous and of the same material. Furnish only commercial off-the-shelf materials, equipment, and components. 783-1.2.1.1 Optical Fiber: Ensure that the optical fibers used in the cable meet or exceed the Telecommunications Industry Association (TIA) and Electronic Industries Alliance (EIA) TIA/EIA- 92-CAAB specification, the U.S. Department of Agriculture Rural Utilities Service (RUS) 7 CFR 1755.900, and International Telecommunication Union ITU-T G.652.13 requirements. 783-3.3 Installation Requirements: Install all pull boxes and splice boxes according to the manufacturer's recommendations; as shown in the plans; and in compliance with Section 635 and Design Standards Index No. 17700 and Collier County Signalization Technical Special Provisions (CCSTSP). Complete the installation of pull boxes, splice boxes, and conduit prior to cable installation. Provide all pull boxes and splice boxes a final finish grade elevation as shown in the plans. Excavate pull box and splice box installation sites to a depth of 1 foot below the bottom of the box, and replace with a 1 foot bed of pearock or crushed stone at the excavation base prior to installing the box. Ensure that the box cover is flush with the existing finished grade after installation. Taper the finished grade contour to provide drainage from the splice box. 783-4 Guaranty Provisions. Ensure that the fiber optic cable, the splice enclosures, termination points, conduit, locate system, pull boxes, and splice boxes have a two-year manufacturer's warranty from the date of final acceptance by the Engineer in accordance with Section 5-11 of all the work to be performed under the Contract. If the manufacturer's warranties for the components are for a longer period, those longer period warranties will apply. Ensure that the manufacturer's warranties on the fiber optic cable, the splice enclosures, termination points, conduit, locate system, pull boxes, and splice boxes are fully transferable from the Contractor to the Department. Ensure that these warranties require the manufacturer to furnish replacements for any part or equipment found to be defective during the warranty period at no cost to the Department within 10 calendar days of notification by the Department. Refer to Collier County Traffic Operations Fiber Optics Specifications. SECTION 784 INTELLIGENT TRANSPORTATION SYSTEMS NETWORK DEVICES 784-1 Managed Field Ethernet Switch. 784-1.1 Description. Furnish and install a hardened, device-level managed field Ethernet switch (MFES) for intelligent transportation system (ITS) projects. Ensure that the MFES provides wire-speed fast Ethernet connectivity at transmission rates of 100 megabits per second 95 ITB 12-5928 from the remote ITS device installation location to the ITS network trunk interconnection point. Use only equipment and components that meet the requirements of these minimum specifications, and are listed on the FDOT's Approved Product List (APL), and/or Collier County Signalization Technical Special Provisions (CCSTSP). 784-1.2 Materials: 784-1.2.1 General: Ensure that the ITS network administrator will be able to manage each MFES individually and as a group for switch configuration, performance monitoring, and troubleshooting. Ensure that the MFES includes Layer 2+ capabilities, including, QoS, IGMP, rate limiting, security filtering, and general management. Ensure that the furnished MFES is fully compatible and interoperable with the ITS trunk Ethernet network interface, and that the MFES supports half and full duplex Ethernet communications. Furnish an MFES that provides 99.999% error-free operation, and that complies with the Electronic Industries Alliance (EIA) Ethernet data communication requirements using single- mode fiber optic transmission medium and Category 5E copper transmission medium. Provide a switched Ethernet connection for each remote ITS field device. Ensure that the MFES has a minimum mean time between failures (MTBF) of 10 years, or 87,600 hours, as calculated using the Bellcore/Telcordia SR-332 standard for reliability prediction. 784-3 Digital Video Encoder and Decoder. 784-3.1 Description: Furnish and install digital video encoder (DVE) and digital video decoder (DVD) hardware and software to create a video-over-IP network system, as shown in the plans, and as directed by the Engineer. Use only equipment and components that meet the requirements of these minimum specifications, and are listed on the FDOT's Approved Product List (APL) and/or Collier County Signalization Technical Special Provisions (CCSTSP). 784-4 Guaranty Provisions. 784-4.1 General: Ensure that the manufacturers' warranties for the MFES, device server, DVE and DVD are fully transferable from the Contractor to the Department. Ensure that these warranties require the manufacturer to furnish replacements for any part or equipment found to be defective during the warranty period at no cost to the Department within 10 calendar days of notification by the Department. 96 ITB 12-5928 EXHIBIT K: PERMITS See Attached 97 ITB 12-5928 144*.‘ SFWMD NOTICE GENERAL PERMIT NO. MOD 10055 ., Rev:9/99 (NON-ASSIGNABLE) DATE ISSUED: March 20,2012. AUTHORIZING: REMOVAL OF THE EXISTING, PREVIOUSLY-AUTHORIZED CONCRETE STRAIN POLES LOCATED AT THE NORTHEAST AND SOUTHWEST QUADRANTS OF THE PINE RIDGE CROSSING SHOPPING CENTER BRIDGE AND INSTALLATION OF A STEEL MAST ARM TRAFFIC SIGNAL ASSEMBLY AT ALL FOUR (4) QUADRANTS OF THE SUBJECT BRIDGE WITHIN THE RIGHTS OF WAY OF THE AIRPORT ROAD CANAL. LOCATED IN: COLLIER COUNTY, SECTION TOWNSHIP S RANGE E ISSUED TO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS C/O OCPM 3301 E.TAMIAMI TRAIL, BUILDING "D" NAPLES, FL 33962 This permit is issued pursuant to Application No. 12-0214-1M dated February 14, 2012 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he/she shall promptly comply with all orders of the District and shall alter, repair or remove his/her use solely at his/her expense in a timely fashion. Permittee shall comply with all laws and rules administered by the District. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit is issued by the District as a revocable license to use or occupy District works or lands. It does not create any right or entitlement, either legal or equitable,to the continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this permit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risk of loss as a result of revocation of this permit. WORK PROPOSED MUST BE COMPLETED ON OR BEFORE March 31, 2013. Otherwise, this permit is void and all rights there under are automatically canceled unless permittee applies for, in writing, a request for extension to the construction period and such request is received by the District on or before the expiration date and such request is granted, in writing, by the District. SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS)AND LIMITING CONDITIONS ON ATTACHED SHEETS ARE A PART OF THIS DOCUMENT. t. FILED ON \i1)/ moo) BY: 1►�' yer,Bureau Chief 1 i' d Resources Bureau DEPUTY CLER/ / South bride Water Management District Original Mailed to Permittee on a /zae2.- by C: Philip Jimenez BIG CYPRESS BASIN /NAPLES SERVICE CENTER (239) 597-1505, Extension 7614 ' ----/ 1/ , /L.,'cd ...^,-" '''.•'---- . ;"-tg.(R. ..,1,__, - -., -",---'-b‘SS::Ae at. L-). /A-g1P7----/-; " '''''''1'.7---/7';- • _PERMIT TO PERFORM WORK AND/OR IVIAINTENANCE - •'-• .„.... .;.--,.RA- . ..- . ; .-1-'".'••."- -'i'f,' ': '''' 4 .-- -: '-''.....-"' .. 'IN-PUBLIC'RIGHT-OF-WAY GROvvriii MANAGIENt DIVISICkROW PEkmITTING & INSPECTION ' -.''',--• -' .2800 NORM-HORSESHOE DRIVg, NAPLES;FLORIDA 341.64.ROW Sectiion Telephone#252-57.67 A COPY OF T÷IIS'PERMIT'MUST BE ON TflE7...418SITEAzT ALL.TIMES. FAILURE TO COMPLY'MAY -.'.':." • - .:. - .CALISE'ie:56 SHOT DOWN. • _ - • - , - - • •• - Date Issued: 03/30/2012 '4 :' - • ' -Right-of-Way F3ait Number PRROW2012'n5.464-40rc,'''' SDP/AR/PSP Number ' "4-'" -Building PerrnifWirriber Project Name: TRAFFIC SIGNAL UPGRADE- PINE RIDGE-CROSSING'SHOPPING CTR -: :-:-- .. ..:-.•.-. • . - : - Pro*t Address:•-AIRPOR.T.PULLING-,RD,4 PINE RIDGECROSSING SHOPPING CTR. • , • - - ' Subdivision . .. i: . ..,.:Lot: ....-..t„. . . .;Black:. . Unit ..,._Tract : ...,. Folio No :...., . „ . • ..,;.:„..c,.: '..Settior7: "Td_WrisOlc:;:.- Range: . -. .. .. Type.of Construction: ROW Cornmer'dial _. ..... . .._ _ _ ..., Detail: UPGRADING SPAN WIRE TRAFFIC SIGNAL,,T.c...ST:EtL:MAST ARM ASSY. The work herein described and perrnitted.is fn'h.'-nornmenced on-or about. , i And ... _ ..completed no later.idnq.b. .., .,,t.„...7... --pirati.ost.date,for work 0 es cribed:...oplzpAgl .. .. . : .. , -Property OwneriAppliCant JOHN MILLER ,Qontraao.r.: ... — - . . Collier County Transportation Division — .• --- :.. 20.85:South Horeeshoe.Driye . ' ,.. „...,, . , • . • . .. - -- Napies, FL 34104_ .. ........ ...,. -, . . - _ .. . . Telephone Number (239) 252-,,St-t-6----/-78 .. , . ...,:•.. - . . _...,• - : . . .. .. . Ntrt6g:s4fOt811"tciiire" c;iir'ine4tirCari7.. 725''-2-37 :::sroiit-iiiiieiiWaFt Ws417,,tr.-ri8-1Ye:st-etbdriiireZ.1"11-F • . 41311PNIAt4e.Przur4Pts-aridiegwg--.mgraesP.467.0'4174:1t-:-.-S. Ei..ii:41..Witoil..§:i.,. .'.. - .. ... :..,;:-.,..,- • -..1---, . - . ' 11:VVoric shall be performed in accordance with approved 4. if toe application is made by any person or .r;rn other . . tar, Conditions.of Permit appearing on'revere Side, jthan the owner the proderty involved, a iiir±tetrconsent puiatons specified as.part ot this permit anri_jn . m the property owner.shap be required prior to ccordanm with•-Collier County Ordinance#09-.13 and rocessing of the application. the"Public-Right.of-Way.Construciion Standards • .)I-landbook,“Jatest edition. .:. . -...., ,.: . 5_Transportation Services Division approval does,..pot t the permittee from gaining approval from any • -- AprOlicant.cleclares that priOr. iing'this application Sxetatem,PFederal-or Local Agencies having jurisdiction ver .. e ha?ascertained the location of all existing utilities, rithalearnedstiuonnsdeibrgiiroityunofd_TheAnFOntihattle;tor all cost utility athall.lt _ e propbsed-work_ . . . " .This eh-nit is corttingentupon Permittee obtaining:. - . necesseryTightS of entry for timatriAttoil'andmainlananm '..... if fight-of-Way pemnitis issued in conjunction with's lwhere requiredcright-of-Way far pdbliC use'ha i not been building permit, the right-of-way permit expires upon dedicated ar)Occepted y!Collief/Oounty._... . _.” .. . :... p5rripietion ofthe building. • .: • ,. . ' ',// . - 7/ .-;--'-'7----) ':L.--;----- . ' -- ' -- STATUS: ISSUED MB _. -- BY: /I- '114.7. - • . . A4 . • . . . . . . . • • - D • E: " Marth30 2012 . . • .. .... I., . ' Condition:The Perrnittm.shall notify this office 72 hours•orior to commencement of the actual construction undertfils.'llerinie' • : Failure to comply may cause lob-shut down. If there are anyzidewaik.closures, sidewalk rental fe.es will apply. . . . , .. . . .._ SE REVERSE SiDE FOR CONDITIONS. ., . • . - . • •. . . . • . • ., . . . ' - • • . . • . . • . . . 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I9 cg.h zIg —I 5 J ca n 0, W W O ° ° O W N 10~O E m m W O co co ■ EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Dave Crosby Construction Superintendent Craig Miles Project Manager 100 [TB 12-5928 AWRO® CERTIFICATE OF LIABILITY INSURANCE DATE/2012 /YYYY) O6I06/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. 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). PRODUCER CONTACT Marsh USA,Inc. PHON:E FAX 3031 N.Rocky Point Drive West,Suite 700 (A/CCN o.Ext): A/C,No): Tampa,FL 33607 E-MAIL Attn:Kim.L.Arvanitis @Marsh.com;Ph:(813)207-5174 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 101266-Bonn-Cas-12-13 INSURER A: Illinois National Ins Co 23817 INSURED INSURER B: New Hampshire Insurance Company 23841 Bonness,Inc. 1990 Seward Avenue INSURER C:N/A N/A Naples,FL 34109 INSURER D:Insurance Company Of The State Of PA 19429 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-002998680-04 REVISION NUMBER:3 THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYYI A GENERAL LIABILITY GL9612842 06/01/2012 06/01/2013 EACH OCCURRENCE $ 1,750,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 500 000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) _ $ _ X SIR:$250,000 PERSONAL&ADV INJURY $ 1,750,000 GENERAL AGGREGATE _ $ 3,750,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,750,000 POLICY X JECOT LOC I $ 8 AUTOMOBILE LIABILITY CA1707569 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS - (Per accident) _ UMBRELLA LIAB _I OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ D WORKERS COMPENSATION WC035896327 06/01/2012 06/01/2013 X WC STATU- 10TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory in NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project:For any and all jobs performed for Collier County. Collier County is included as Additional Insured where required by written contract or agreement with respect to General Liability. CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County Commissioners • THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Kim Arvanitis ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16A19 16A19 The following pages are all expired and were replaced by current ones per Scott Teach, Deputy County Attorney (e-mail included) 16U9 Martha S. Vergara From: TeachScott <ScottTeach @colliergov.net> Sent: Thursday, October 04, 2012 1:26 PM To: Martha S.Vergara Cc: Althouse, Tammy; Patricia L. Morgan Subject: RE: Contract#12-5928 from the 9/11 BCC Meeting No the contract is not void but current documents need to be provided. Scott R.Teach Deputy County Attorney Collier County, Florida Tel: (239) 252-8400 Fax: (239) 252-6300 Office of the County Attorney,3299 East Tamiami Trail,Suite 800, Naples, FL 34112 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Martha S. Vergara fmailto:Martha.Vergara@collierclerk.comj Sent: Thursday, October 04, 2012 12:18 PM To: TeachScott Cc: AlthouseTammy; Trish L. Morgan Subject: Contract #12-5928 from the 9/11 BCC Meeting Hi Scott &Tammy Question regarding the Bonness Contract. The contract that went before the Board contained Expired DPBR Licenses and Collier County Business Tax Documents for various classifications that all expired on September 30, 2012. My question is can we replace them with current ones? Do they make this contract void because when the Board Approved them they were expired? Thanks, Martha Vergara,Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(&,collierclerk.com Please visit us on the web at www.collierclerk.com 1 1 6A19 1 This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION •- CONSTRUCTION INDUSTRY LICENSING BOARD• coo ***'' TALLAHASSEE MONROE STREET ' 850) 487-1395 FL 32399-0783 BAILIE, KATHLEEN M BONNESS INC 267 CHAN■ING CT NAPLES FL 34110 Congratulations! With this license you become one of the nearly one million A-1,_ STATE OF FLORIDA At;i# 5010132 g r y Floridians licensed by the Department of Business and Professional Regulation. '- DEPARTMENT' OF BUSINESS Our professionals and businesses range from architects to yacht brokers,from ''°- PROFESSIONAL RE All AND �?aAT= boxers to barbeque restaurants, and they keep Florida's economy strong. ON Every day we work to improve the way we do business in order to serve you better. CUC1224797 0622/30 097 060658 For information about our services,please log onto www.myfloridalicense.com. CERT There you can find more information about our divisions and the regulations that BA/LIENDKATHLIIEN E gg' CRT impact you,subscribe to department newsletters and learn more about the IC><►THLE$N-. Department's initiatives. HONNESS Our mission at the Department is License Efficiently, Regulate Fairly. We • constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida,and congratulations on your new license! Is CERTIFIED under the 7CapsratSan dace: AUG 31, 2012 prevision',L1 00 622 00 94 3 FS DETACH HERE mitt �, ;�l'� STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NEE . S'E©#L10062200943 06/22/2.010 497060:658 _CUC1224797 • The UNDERGROUND UTILITY & EXCAVATION- CO lamed below IS CERTIFIED 7r_der the provisions of Chapter 489 FS. 3xpiration date: AUG 31, 2012 • BAILIE, KATHLEEN M BONNESS INC 1990 SEWARD AVE - NAPLES FL 34109 CHARLIE CRIST GOVERNOR INTERIM CHARLIE rIICPi AV Aa nrni unr,.r., STATE OF FLORIDA 4- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4 >W4 CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 _ •` � ..: • 1940 NORTH MONROE STREET 1395 4 -4 t" TALLAHASSEE FL 32399-0783 BAILIE, KATHLEEN M BONNESS INC 267 CHANNING CT NAPLES FL 34110 Congratulations! With this license you become one of the nearly one million ;; STATE OF FLORIDA ACS SO 7 7,�! Floridians licensed by the Department of Business and Professional Regulation. .' DEPARTMENT' OP 3IISINESS Our professionals and businesses range from architects to yacht brokers, from ' 'PROFESSIDNAt. StEGIILATION boxers to barbeque restaurants,and they keep Florida's economy strong. _. CBCO59:904 ; DBJ�: J1Q 4)94106055.8 Every day we work to improve the way we do business in order to serve you better. : ,i For information about our services,please log onto www.myfloridalicense.corn CERTIFIED?BI3TL#ING t't?2iTRAcToR There you can find more information about our divisions and the regulations that BAILIE, 3.CATItLE$N impact you, subscribe to department newsletters and learn more about the BONNESS ' Department's initiatives. O • 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! IS cf:BTIFIED vna.r rn. provs.ion. of cit.489 rr soroizataon date; AUG 31, 201,2 Llooepio12s9 DETACH HERE "I 5 0 71 4 5 7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L7,008 04 012 59 DATE f9ATC1-1 NUMSER LICENSE NBR 08/04/2010 097060658 CBC0599.04 The BUILDING CONTRACTOR • Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2012 BAILIE, KATHLEEN M BONNESS INC 1990 SEWARD AVE • NAPLES FL 34109 j CHARLIE CRIST GOVERNOR CHARI,Tr T_Trsr 4�+ COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 980268 ( COLLIER COUNTY TAX COLLECTOR-2800 N.HORSESHOE DRIVE-NAPLES FLORIDA 34104-(239)252-2477 VISIT OUR WEBSITE AT:www.coiliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2012 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION LOCATION. 1990 SEWARD AVE FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. I ZONED: LEGAL FORM j BUSINESS PHONE: 597-6221 CORPORATION - THIS TAX IS NON-REFUNDABLE - BONNESS,INC COUNTY LIC 18650 BAILIE,KATHLEEN M PO BOX 9140 NAPLES FL 34101-0000 NUMBER OF EMPLOYEES: 21 EMPLOYEES AND UP CLASSIFICATION:EXCAVATING SERVICE DATE 09/23/2011 CLASSIFICATION CODE: 03702105 AMOUNT 150.00 This document is a business tax only This is not certification that licensee is qualified. RECEIPT 5374 40 It does not permit the licensee to violate any existing regulatory zoning laws of the stale,county or cities nor does it exempt the licensee from any other taxes or permits that may be required by law. COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 851758 COLLIER COUNTY TAX COLLECTOR-2800 N.HORSESHOE DRIVE-NAPLES FLORIDA 34104-(239)252-2477 VISIT OUR WEBSITE AT:www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2012 LOCATION: 1990 SEWARD AVE DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED. NAPLES LEGAL FORM THIS TAX IS NON-REFUNDABLE - [ BUSINESS PHONE- 597-6221 CORPORATION BONNESS INC COUNTY LIC: 12288 BAILIE,KATHLEEN M PO BOX 9140 NAPLES FL 34101-9140 NUMBER OF EMPLOYEES: 51-100 EMPLOYEES CLASSIFICATION:PAVING CONTRACTOR-COMMERCIAL UNLIMITED DATE 09/23/2011 CLASSIFICATION CODE: 02101306 AMOUNT 225.00 This document is a business tax only.This is not certification that licensee is qualified. RECEIPT 5534.42 It does not permit the licensee to violate any existing regulatory zoning laws of the state,county or cities nor does it exempt the licensee from any other taxes or permits that may be required by law. COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 100817 COLLIER COUNTY TAX COLLECTOR-2800 N.HORSESHOE DRIVE-NAPLES FLORIDA 34104-(239)252-2477 VISIT OUR 4VEBSITE AT:www.coiliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2012 LOCATION: 1990 SEWARD AVE DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION I LEGAL FORM FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED' INDUSTRAIL - THIS TAX IS NON-REFUNDABLE - BUSINESS PHONE, 597-6221 CORPORATION STATE LIC: 1708890001- BONNESS,INC. COUNTY LIC: 2009 KELLY,MARGARET M PO BOX 9140 NAPLES FL 34101-9140 NUMBER OF EMPLOYEES: 1-10 EMPLOYEES CLASSIFICATION:FIRE PROTECTION CONTRACTOR DATE 09/23/2011 CLASSIFICATION CODE: 05107101 AMOUNT 18.00 This document is a business tax only This is not certification that licensee is qualified. RECEIPT 5373.40 It does not permit the licensee-to violate any existing regulatory zoning laws of the state,county or cities nor does it exempt the licensee from any other taxes or permits that may be required by law COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 100787 COLLIER COUNTY TAX COLLECTOR-2800 N.HORSESHOE DRIVE-NAPLES FLORIDA 34104-(239)252-2477 VISIT OUR WEBSITE AT:www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2012 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION LOCATION.1990 SEWARD AVE FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED LEGAL FORM BUSINESS PHONE: 597-6221 CORPORATION - THIS TAX IS NON-REFUNDABLE - STATE LIC: CUC1224797 BONNESS INC BAILIE,KATHLEEN PO BOX 9140 ( NAPLES FL 34101-9140 ( NUMBER OF EMPLOYEES. 1-10 EMPLOYEES CLASSIFICATION:UNDERGROUND UTIIJEXCAVATING CONTRACTOR DATE 09/23/2011 CLASSIFICATION CODE: 05102801 AMOUNT 18 00 This document is a business tax only.This is not certification that licensee is qualified RECEIPT 5492.42 II does not permit the licensee to violate any existing regulatory zoning laws of the slate,county or cities nor does it exempt the licensee from any other taxes or permits that may be required by law R__.,_______ COLLIER COUNTY BUSINESS TAX _ ^ BUSINESS TAX NUMBER: 100788 COLLIER COUNTY TAX COLLECTOR-2800 N.HORSESHOE DRIVE-NAPLES FLORIDA 34104-(239)252-2477 VISIT OUR WEBSITE AT www.coiliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2012 I DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION I LOCATION 1990 SEWARD AVE FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED' LEGAL FORM BUSINESS PHONE: 597-6221 CORPORATION THIS TAX IS NON-REFUNDABLE -- STATE LIC: C8C059904 BONNESS INC BAILIE,KATHLEEN PO BOX 9140 NAPLES FL 34101-9140 NUMBER OF EMPLOYEES 1-10 EMPLOYEES CLASSIFICATION:BUILDING CONTRACTOR DATE 0912312011 CLASSIFICATION CODE:05104801 AMOUNT 18.00 This document is a business lax only.This is not certification that licensee is qualified. RECEIPT 5493,44 It does not permit the licensee to violate any existing regulatory zoning laws of the state,county or cities nor does it exempt the licensee from any other taxes or permits that may be required by law.