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#13-6040 (Denco Construction, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO R " ► -r THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 2 Routed by Purchasing Department to Office Initials Date the Following Addressee(s) On routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office R4 'I 3. BCC Office Board of County G \ � Commissioners /J A\ZS0\\3 4. Minutes and Records Clerk of Court's Office Ie2Lr13 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Nicole Parker, April 28, Phone Number 252-8375 Purchasing Staff 2013 Contact and Date Agenda Date Item was April 9,2013 Agenda Item Number 11.A Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-6040 Denco number if document is Number/Vendor Name Construction to be recorded _ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for th; �✓ Chairman's signature. %� MEMORANDUM Date: April 29, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #13-6040 "Doral Circle Water/Wastewater/Stormwater Repair" Contractor: Q Grady Minor & Associates Attached, is an original of the assumption agreement referenced above (Agenda Item #11A), approved by the Board of County Commissioners on Tuesday, April 9, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment ?' County AdminisilVige Services Division Purchasing Doral Circle Water/Wastewater/Stormwater Repair COLLIER COUNTY BID NO. 13-6040 COLLIER COUNTY, FLORIDA Nicole Parker, Procurement Strategist Email: nicoleparker @colliergov.net Telephone: (239) 252 -4270 FAX: (239) 252 - 6549 Design Professional: Q. Grady Minor & Associates, PA titlo Purchasing Departrnent•3327 Taman Trail East•Naples,F'orida 34112-4901•www.cclliergov.net/purchasing 1 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair TABLE OF CONTENTS PUBLIC NOTICE 3 PART B - INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 14 BID SCHEDULE 15 MATERIAL MANUFACTURERS 16 LIST OF MAJOR SUBCONTRACTORS 17 STATEMENT OF EXPERIENCE OF BIDDER 18 TRENCH SAFETY ACT 19 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 20 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 21 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 22 BID BOND 27 BIDDERS CHECK LIST 30 CONSTRUCTION AGREEMENT 31 EXHIBIT A: PUBLIC PAYMENT BOND 39 EXHIBIT A: PUBLIC PERFORMANCE BOND 42 EXHIBIT B: INSURANCE REQUIREMENTS 45 INSURANCE AND BONDING REQUIREMENTS 47 EXHIBIT C:RELEASE AND AFFIDAVIT FORM 49 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 50 EXHIBIT E: CHANGE ORDER 55 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 57 EXHIBIT G: FINAL PAYMENT CHECKLIST 59 EXHIBIT H: GENERAL TERMS AND CONDITIONS 61 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 93 EXHIBIT J: TECHNICAL SPECIFICATIONS 94 EXHIBIT K: PERMITS 95 EXHIBIT L: STANDARD DETAILS 96 EXHIBIT M: PLANS AND SPECIFICATIONS 97 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 98 2 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair it* Aelninistr-Aive Services Division Purchasing PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Doral Circle Water/Wastewater/Stormwater Repair COUNTY BID NO. 13-6040 Separate sealed bids for the Doral Circle Water/Wastewater/Stormwater Repair, 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 3:00 P.M. LOCAL TIME, on the 8th day of February, 2013, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 3:00 P.M. LOCAL TIME on the January 17, 2013, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. All Bidders shall submit all questions via the OnLine Bidding System located at colliergov.net\bid. All questions will be answered in the OnLine Bidding System. The Engineer's Estimate for this project is $1,974,675.00 Dollars. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Doral Circle Water/Wastewater/Stormwater Repair Bid No. 13-6040 and Bid Date of February 8, 2013". 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 cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within 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. 3 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be 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 two hundred and seventy (270) 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 7th day of January 2013. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Joanne Markiewicz Interim Purchasing/General Services Director 4 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair PART B -INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope 5 #13-6040 Dora!Circle WateriWastewater/Storrnwater Repair 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. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and 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 and twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 #13-6040 Doral Circle Water/ Vastewater/Stormwater Repair Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the 7 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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 mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. 8 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 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 Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays 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 9 #13-6040 Doral Circle WaterlWastewater/Stormwater Repair 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?page=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. 12.5 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 (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 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 10 #13-6040 Dora!Circle Water/Wastewater/Stormwater Repair 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 year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 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. 11 #13-6040 Doral Circle Water/VVastewater/Storrnwater Repair Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further 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. 12 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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." 13 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Doral Circle WaterlWastewater/Stormwater Repair BID NO. 13-6040 Full Name of Bidder L&J c.0 C s 171-42A4 c -c.J1 1 /1/4.\L Main Business Address Li,tp G4 C.c.1 vr�/K 1-J.)s Cr• 335'()s- _ Place of Business S mu- Telephone No. 259)-33 Z /'o c: Fax No. 2-3?-332 -45-7 L State Contractor's License# Cu CO So io o� State of Florida Certificate of Authority Document Number �4 its 89 Federal Tax Identification Number 31 - 1 c 7 t y 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, including Addenda issued thereto and acknowledges receipt below: 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. 14 #13-6040 Dotal Circle VVaterNVastewaterlStormwater Repair 15 #13-6040 Doral Circle WaterlWastewater/Stommwater Repair BID SCHEDULE #13-6040 Doral Circle Water Wastewater Stormwater Repair ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Section No.1 General 1 Project Sign 1 EA $ 1,100.00 $ 1,100.00 2 Concrete Driveway Aprons 2650 SY $ 45.00 $ 119,250.00 3 Brick Paver Drive Removal/Reinstallation 300 SY $ 67.00 $ 20,100.00 4 Asphalt Drive Aprons 800 SY $ 43.00 $ 34,400.00 5 Milling&Asphalt Overlay(1") 14000 SY $ 8.00 $ 112,000.00 6 Misc. Striping/Marking 1 LS $ 5,500.00 $ 5,500.00 Subtotal $ 292,350.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Section No.2 Water System 1 Mobilization/Demobilization 1 LS $ 18,000.00 $ 18,000.00 2 Maintenance of Traffic 1 LS $ 7,000.00 $ 7,000.00 3 Stormwater Pollution Plan 1 LS $ 2,000.00 $ 2,000.00 4 8"PVC WM DR14 165 LF $ 44.00 $ 7,260.00 5 8"PVC WM DR18 3250 LF $ 28.50 $ 92,625.00 6 6"PVC WM DR 14 300 LF $ 40.50 $ 12,150.00 7 6"PVC WM DR 18 1750 LF $ 26.00 $ 45,500.00 8 8" DIP WM(Aerial) 50 LF $ 275.00 $ 13,750.00 9 10"HDPE WM(Directional Drill) 650 LF $ 100.00 $ 65,000.00 10 8"Gate Valve 20 EA $ 1,500.00 , $ 30,000.00 11 6"Gate Valve 8 EA $ 1,050.00 $ 8,400.00 12 8x8x8 Tapping SleeveNalve 1 EA $ 5,200.00 ' $ 5,200.00 13 Cut-In 90 Degree Elbow(Willow/Doral) 1 EA $ 2,900.00 $ 2,900.00 14 Fire Hydrant Assembly wNalve 11 ' EA $ 3,900.00 ' $ 42,900.00 15 Water ARV 10 EA $ 1,400.00 $ 14,000.00 16 Permanent BSV 3 EA .$ 2,000.00 $ 6,000.00 17 Temporary BSV 8 EA $ 500.00 $ 4,000.00 18 Temporary Blow-off t Flush 2 EA $ 1,200.00 $ 2,400.00 . 19 Add 8"Deflection 2 EA $ 2,100.00 $ 4,200.00 20 Add 6"Deflection 2 EA $ 1,800.00 $ 3,600.00 21 Temporary Connection 2 EA $ 3,600.00 $ 7,200.00 22 Final Connection 2 EA $ 1,550.00 $ 3,100.00 23 Long Service 22 EA $ 825.00 , $ 18,150.00 24 Short Service 43 EA $ 625.00 $ 26,875.00 25 Meter Box 82 EA $ 120.00 $ 9,840.00 26 Back Flow Device 82 EA -$ 450.00 $ 36,900.00 27 Add Private Service 1" 170 LF $ 25.00 $ 4,250.00 28 Private Line Connection 20 . EA . $ 425.00 $ 8,500.00 29 Permanent Blowoff 1 EA $ 1,200.00 $ 1,200.00 30 8"AC Pipe Removal/Disposal 200 LF $ 16.50 $ 3,300.00 31 6"AC Pipe Removal/Disposal 2750 ' LF $ 16.50 $ 45,375.00 32 8"Pipe Grouting 200 LF $ 9.00 $ 1,800.00 33 6"Pipe Grouting 200 LF $ 9.00 $ 1,800.00 34 4"or less Pipe Grouting 200 LF $ 6.00 $ 1,200.00 35 Misc. Water System Abandonment 1 LS $ 5,650.00 $ 5,650.00 36 Pavement Removal/Replacement 1500 LS $ 20.00 $ 30,000.00 C_1Users1FranidDocuments1My Documents\Doral Cirde1Addendum 1 Bid Sheet BID SCHEDULE #13-6040 Doral Circle Water Wastewater Stormwater Repair As required,will be on a time and materials basis to cover unanticipated costs including but not limited to, unlocated utilities, and unforseen site conditions. (No additional payment shall be made for rock excavation, replacement fill material or dewatering). Use of the allowance must be approved by the 37 County prior to the execution of the work. 1 TM $50,000.00 $ 50,000.00 Subtotal $ 642,025.00 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Section No.3 Wastewater System 1 Mobilization/Demobilization 1 LS $ 28,000.00 $ 28,000.00 2 Maintenance of Traffic 1 LS $ 12,000.00 $ 12,000.00 3 Stormwater Pollution Plan _ 1 LS $ 2,000.00 $ 2,000.00 4 8"Gravity Main 0-6 feet 1820 LF $ 63.00 $ 114,660.00 5 8"Gravity Main 6-8 feet 2000 LF $ 77.00 $ 154,000.00 6 8"Gravity Main 8-10 feet 1200 LF $ 100.00 $ 120,000.00 7 8"Gravity Main Greater 10 feet 140 LF $ 140.00 $ 19,600.00 8 Manhole 0-6 feet 13 EA $ 4,300.00 $ 55,900.00 9 Manhole 6-8 feet 3 EA $ 5,350.00 $ 16,050.00 10 Mahhole 8-10 3 EA $ 6,350.00 , $ 19,050.00 11 Manhole Greater than 10 feet 3 EA $ 7,450.00 $ 22,350.00 12 Existing MH Removal 20 EA $ 500.00 $ 10,000.00 13 Existing Gravity Mains Removal 5000 LF $ 12.00 $ 60,000.00 14 Existing Lateral Removal 3000 LF $ 8.50 $ 25,500.00 15 6"Service Lateral 2650 LF $ 10.00. $ 26,500.00 16 Single Clean Out 82 EA $ 350.00 $ 28,700.00 17 Double Clean Out 4 EA , $ 400.00 $ 1,600.00 18 T/Y Connection At Main 82 EA $ 125.00 $ 10,250.00 19 Force Main Connection at Gravity Main 1 EA , $ 3,500.00 $ 3,500.00 20 P.S. 302.49 Demolition 1 LS $ 2,600.00 $ 2,600.00 21 P.S. 302.49 Reconstruction 1 LS ' $280,000.00 $ 280,000.00 22 P.S. 302.48 Remedial Work 1 LS $ 10,000.00 $ 10,000.00 23 Force Main Bypass at P.S. 302.49 1 LS $ 13,600.00 $ 13,600.00 24 ,Force Main Bypass Stub for 302.49 1 , LS v, $ 3,600.00 $ 3,600.00 25 Bypass System P.S. 302.48 Gravity System 4 1 LS $ 12,500.00 $ 12,500.00 26 ,Bypass System P.S. 302.49 Gravity System 1 LS $ 23,000.00 ' $ 23,000.00 27 Pavement Removal Replacement T 3500 LF $ 25.00 $ 87,500.00 28 FPL Electrical Allowance-P.S. 1 , TM $ 10,000.00 $ 10,000.00 29 ,Full Pavement Removal/Replacement 3700 SY $ 18.50 _ $ 68,450.00 30 8"Pipe Grouting 200 LF $ 9.00 $ 1,800.00 31 6"or less Pipe Grouting 200 LF $ 9.00 $ 1,800.00 As required,will be on a time and materials basis to cover unanticipated costs including but not limited to, unlocated utilities, and unforseen site conditions. (No additional payment shall be made for rock excavation, replacement fill material or dewatering). Use of the allowance must be approved by the 37 County prior to the execution of the work. 1 TM $ 75,000.00 $ 75,000.00 Subtotal $ 1,319,510.00 C:1Users1Frank1Documentawly DocxmientslDoral CindeWddendum 1 Bid Sheet BID SCHEDULE #13-6040 Doral Circle Water Wastewater Stormwater Repair ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Section No.4 Stormwater System 1 Mobilization/Demobilization 1 LS $ 9,500.00 . $ 9,500.00 2 Maintenance of Traffic 1 LS $ 2,000.00 $ 2,000.00 3 Stormwater Pollution Plan 1 LS $ 525.00 $ 525.00 4 Storm Structure Demolition 13 EA $ 250.00 $ 3,250.00 5 Storm Sewer Demolition 950 LF $ 12.00 $ 11,400.00 6 ,Catch Basin With Flume(Type C) 15 EA $ 1,800.00 $ 27,000.00 7 Junction Box(Type C) 5 EA $ 2,500.00 $ 12,500.00 8 Headwall(FDOT 250) 1 EA $ 1,250.00 $ 1,250.00 9 15"RCP Storm Sewer 352 LF $ 45.00 $ 15,840.00 10 18"RCP Storm Sewer 248 LF $ 50.00 $ 12,400.00 11 ,18"CPP Storm Sewer 360 LF $ 44.00 $ 15,840.00 12 24"CPP Storm Sewer 20 LF $ 53.00 $ 1,060.00 13 Pavement Removal Replacement 100 LF $ 20.00 $ 2,000.00 Subtotal $ 114,565.00 Total Bid Sections 1-4 $ 2,368,450.00 NOTE: ALL EXCAVATION SHALL BE UNCLASSIFIED. NO EXTRA PAYMENT SHALL BE MADE FOR ROCK EXCAVATION OR ADDITIONAL FILL MATERIAL. NO EXTRA PAYMENT SHALL BE MADE FOR DEWATERING. C:\Users\Frank\Documents\My Documents\Dorai Circle%Addendum 1 Bid Sheet 1 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: 1S.es u ' - r UU y✓ AJ✓C' Signature: 41 Date: 211,3/3 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: Date: 16 #136040 Doral Cirde INatedWastewater/Sto mwrater Repair 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 Subcontractor and Address Work 2. -nX c. P ' 4. Company: IN ss et% %.S •u C77UN. C.. ` Signature: //, I g_ae— Date: 2/'3/3 17 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. 2. 3. 4. 5. 6. Dated 7-/13/3 as 5772 OAK. Bi 18 #13-6040 Dora+Circle Watermastewater/Stormwater Repair Exhibit C 15.1 Project Title and Location Brookhill Improvements 15.2 Contractor or SubContractor Contractor Contract Amount and Date of 15.3 Contract $3,186,000.00 November,2010 15.4 Date Complete May-12 Project Manager or 15.5 Superintendent Frank Gibson Rod Bubar 15.6 Required Completion Date May-12 Name,Address and Telephone City of Fort Myers, Saeed Kazemi 2200 Hendry Street Fort Myers, FL 33901 15.7 Number of Owner 239-321-72. 15 Designing Architect/Engineer 15.8 and Address Wilson Miller Stantec 12801 Westlinks Dr Suite 106 Fort Myers,FL 33913 15.1 Project Title and Location Phase 7A/Summerlin Utility Improvements 15.2 Contractor or SubContractor Contractor Contract Amount and Date of 15.3 Contract $1,180,000.00 October,2011 15.4 Date Complete Jun-12 Project Manager or 15.5 Superintendent Frank Gibson Rod Bubar 15.6 Required Completion Date Feb-08 Name,Address and Telephone City of Fort Myers,Saeed Kazemi 2200 Hendry Street Fort Myers, FL 33901 15.7 Number of Owner 239-321-7215 Designing Architect/Engineer City of Fort Myers,Saeed Kazemi 2200 Hendry Street Fort Myers,FL 33901 15.8 and Address 239-321-7215 15.1 Project Title and Location Marion Street Forcemain Improvements, Fort Myers,FL 15.2 Contractor or SubContractor Contractor Contract Amount and Date of 15.3 Contract $1,894,899.00 May,2009 15.4 Date Complete Oct-10 Project Manager or 15.5 Superintendent Frank Gibson Bob Bubar 15.6 Required Completion Date Nov-10 Name,Address and Telephone City of Fort Myers,Saeed Kazemi 2200 Hendry Street Fort Myers,FL 33901 15.7 Number of Owner 239-321-7215 Designing Architect/Engineer Johnson Engineering,Mike Dickey 2122 Johnson St.,Fort Myers,FL 33902 15.8 and Address 239-334-0046 15.1 Project Title and Location Ranch Lake Estates,Moore Haven FL 15.2 Contractor or SubContractor Contractor Contract Amount and Date of 15.3 Contract $1,346,514.00 April,2010 15.4 Date Complete Jan-11 Project Manager or 15.5 Superintendent Frank Gibson Rod Bubar 15.6 Required Completion Date Mar-11 Name,Address and Telephone 15.7 Number of Owner City of Moore Haven 299 Riverside Dr.Moore Haven,FL 33471 Designing Architect/Engineer Craig A Smith&Associates 7777 Glades Rd,Suite 410 Boca Raton, FL 15.8 and Address 33434 Orlando Rubio 561-314-4445 15.1 Project Title and Location Wauchula Hills,Wauchula,FL 15.2 Contractor or SubContractor Contractor Contract Amount and Date of 15.3 Contract $794,904.50 January,2010 15.4 Date Complete Sep-10 Project Manager or 15.5 Superintendent Frank Gibson Rod Bubar 15.6 Required Completion Date Dec-10 Name,Address and Telephone Hardee County 205 Hanchey RD Wauchula,FL 33873 Park Winter 863-773- 15.7 Number of Owner 5104 Designing Architect/Engineer Craig A Smith&Associates 7777 Glades Rd,Suite 410 Boca Raton,FL 15.8 and Address 33434 Greg Giarratana 561-314-4445 TRENCH SAFETY ACT Bidder acknowledges that induded 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.SY) 1. �l,o��nllo LP 1532-© t .oa its'2©<sU 2. 12riC M L Fl 334 ll "Lyn> VfQ d.o,, 3. 4. 5. TOTAL $ of .LNA Failure to complete the above may result in the Bid being declared non-responsive. Dated Z 13 t 3 cc> C ") !mac Bidder BY: ` ✓ l' `.1-41/114-f4" r PASt4cP c� • 19 *13-8040 Coral Circle WaterlWastewater/Stormwater Repair Orel- Acermistrairve Services Drown .urchasong AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS Solicitation#13-6040 Doral Circle Water/Wastewater/Stormwater Repair (Check Appropriate Boxes Below) State of Florida(Select County if Vendor Is described as a Local Business 0 Collier County 110 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 OCollier County or LLee County: I I ks 3 Number of Employees(Including Owner(s)or Corporate Officers): -31:::' Number of Employees Living in 0 Collier County or Fa Lee(Including Owner(s)or Corporate Officers): 3C 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. Company Name: Le cam s-rivu tzZa.✓, /Arc, Date: Z 1/3 /I3 Collier or Lee County A� - : � -cv ' /H�s /a!s G7 i�i27�,cQ4!"e2S" 9 39e5--- Signature: % - 4., Title: yee6 <',A 4,..27 STATE OF FLORIDA 0 COLLIER COUNTY GLEE COUNTY Swom to and Subscribed Before Me, a Notary Public,for the above State and County,on this /3704- Day of _______ _' ,2014. Notary c Publi / //11 My Commission Expires: 'L--/IS- 1 AFFIX OFFICIALS • JACQUELINE A.HURLEY • MY COMMISSION#EE128153 „ EXPIRES September 07,2015 (407)388-0153 FbridallotwyServios.eom 20 #1 5.6040 Doral Circle WaterNVastewater/Stotmwater Repair Cott County Administrahve Services avow ?urnasmq Immigration Law Affidavit Certification Solicitation:#13-6040 Dorsl Circle Water/Wastewater/Stormwater Repair 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 Lew c_O Ca..)S• 2 u cri-og �,JC Print Name „ � 2, Title /92492,-5-#41.."-9- itle �r5-# s -9—�� - 2/7 /3 Signature // 1 Date state of_/C---Ze_r2 d ,A- County of G esGO-' The foregoing instrument was signed and acknowledged before me this /Wday of a. .20J by �./ 1�L / ctec ' --X4- /3H��L. who has produced P So �A-G4 k as rdentfication. (Print or Type Name) (Type of Identification and Number) A • i'L-4 6"0- ry blic Signature Printed Nan*of Notary Public _x JACQUELINE A.HURLEY MY COMMISSION#EE128153 - 1—1 5 EXPIRES September 07,2015 Notary Commission Number/Expiration 12i yes-ciao rarimroa.n ervie�_ 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. 21 #13-6040 Dora)Circle WateMMastewatedStomiwataer Repair Cotter County Adminstrattve Serwes Dan ?urchasing COWER COUNTY SOLICITATIONS SUBSTITUTE W-9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name d t-' Zo+u Sre--c4 c:11-0041.- /Are (as shown on income tax return) Business Name Address dress from taxpayer name) city Address � L� Ctt M� �N s �T State }C o- 4 zip 33?O Telephone 23?- 4/(047--) FAX 7-0E-532$F�332-48-5'-48-5'Z, Email "Zi.B S.rJQ Gw ueo-. i v Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) _Individual/Sole Proprietor eCCorporation _Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) ('. Enter the tax classification (D=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 3 j - I a-1 1 G-7 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under penalties of pod , I certify that the information shown on this fom►is correct to my knowledge. Signature !�� Date 2..X7/4 3 Title b+ Phone Number Z5J2.3Z-c49t) 22 113-6040 Doral Circle Water/Wa Repair Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a.timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within two hundred ten (210) 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 sixty(60) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of / 2 County of , 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. , 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. 23 #138040 Doral Chile Repair (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of C4-4-1.42.a A , which operates under the legal name of ri (-o CON 37-act cam/ i /Ct , and the full names of its officers are as follows: President , vogr, T/.,/ /fit&.ate _ Secretary Sa Treasurer lA Manager 1lA The psi t,,r..!" is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken re a 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 24 #13-6040 Doral Circle Water Nastewater/Stornwvater Repair The Bidder is an individual whose full name is and if operating under a trade name, said trade name is 25 #13-6040 Dotal Circle WatetlWastewater/Stormwater Repair Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED Zr 3 . 7 Al L\cfA/ s1 24,moil , legal entity BY: c -7-/ ∎i 6 i '1 ess Name o •er(T. Witness J -1• -ture Title STATE OF ��d.s COUNTY OF The foregoing instrument yas acknowledged before me this altstlay of 20131 by eSees/41-<—. , as Jr-esseAlit-tsr- of p40• rc l'parS712v C-77-6 cfl. , a pr-0441,4- 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: (Si atu of Notary) _Ogliks JACQUELINE A.HURLEY NAME: '_ PAY COMMISSION#EE126153 ��octi ,, '-t`._ EXPIRES September 07.2015 (Legibly printed) (401)398-0153 flodd4N41wYSwic40411 (AFFIX OFFICIAL SEAL) Notary Public, State of 6:2-, Commission No.: eelat,S3 28 #13.6040 Doral Circle Water Wastewater/Stocmwater Repair BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Denco Construction, Inc. (herein after called the Principal) and Travelers Casualty and Surety Company of America (herein called the Surety), a corporation chartered and existing under the laws of the State of O:im±ic ut with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of commissioners (hereinafter called of the �tOwner), in the full and just sum of Bid Five Percent dollars ($ ) 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 Doral Circle WateNWastewaterlStormwater Repair Bid No. 13-8040 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 requin yeti cat , c surance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$1,1,a, ,;;a 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 27 #134040 Dorm Circle WaterNV Repair • IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 8th _day of yFebruary ., 2013. DIID .. W • INC. Principal BY % w (Seal) .r/1:r' CASUAL u COMPANY OF AMERICA Surety .� (Seal) •Countersign.. _ i -7��' Wendy L. ■ : ' . : , Florida Jc''T8226 Local Resident Producing Agent •r Valenti, Trobec & Woody 4110 Center Point Drive, . 215, Fort Myers, Florida 33916 28 X13.8040 Dora Circa,W WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4111■ POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225767 Certificate No. 005253959 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Wendy L.Hingson,and Dawn Onzo of the City of Fort Myers ,State of _Florida ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 2nd day of November _ 2012 Farmington Casualty Company- St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety.Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company o?ipy�wya�p"'''� - ~ F,� ��r ev�FM ^sG� Jet,IRIIVq'y ��,'S14MO SG � ►�N► ,.�HIryA�Ib S - Sa P Q r 0.VORA) ORA C 1� i�its 94 as ;yam � 'c, `SEAL/..? ikSBAL i c4,�OO^ a I�. .v' F et., 'ply'.ANA, °+a•.71.3,' f 'Pa• Itb mil Air 41, State of Connecticut By: ''%�/ City of Hartford ss. Robert L.Raney, niter Vice President On this the 2nd day of November 2012 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0•T11 In Witness Whereof,I hereunto set my hand and official seal. • C • My Commission expires the 30th day of June,2016. * �0uemo * W�/"Marie C.Tetreault,Notary Public CI NY 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER BUSINESS CONTACT INFORMATION 6■0-$112-u c-t 1JC_ (Firm's Complete Legal Name) Main Business LI L,e c Cu irtnyaiJs C r (Address) e7;wCS :or"( gg9a5 (City, State,ZIP) • Contact Name /4,2,4,✓1 RSarf Phone No. 239—33Z y' Title oS > - inig.srA( . FAX No. Z3Q-3.7Z- 1 Z Email address: .3 Sgura, Zemvice-ir✓o-Cr✓*11 ADDITIONAL CONTACT INFORMATION (� Send Payments To `;� � .\s Af% CJ (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name Phone No. Title FAX No. Email address: Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) (City, State,ZIP) Contact Name Phone No. Title FAX No. Email Address: 29 *13-6040 Dora!Grde WatedWaafewatedstommnater Repair 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. 8. Certificate of Authority to Conduct Business in State of Florida. 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been induded. 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: <4.13id Number;#13-6040 Project Name; Doral Circle Water/Wastewater/Stormwater Repair >Opening Date; February 8, 2013 at 3:00 P.M. 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 PRQJECTNAME_ON..THE_OUTSIDE OF THE COURIER PACKET �r3rlec� f AJ (.--EQce-7-611(/AL, Bidder N Sig• =ture &Titlei7'– <<B.siewlac"<d.«q— DATE: 2/3 30 !13.6040 Doral Circle WaterMlastewateriStonnwater Repair cot County Email: nicoleparker©colliergov.net Telephone: (239)252-4270 Administrative Services Division FAX: (239)252-6549 zurchasinq ADDENDUM 1 Memorandum Date: January 25, 2013 From: Nicole Parker, Procurement Strategist To: interested Bidders Subject: Addendum#1 Solicitation#13-6040 Doral Circle Water Wastewater Stormwater Repair The following clarifications are issued as an addendum identifying the following change (s)for the referenced solicitation: The bid due date has been extended to Wednesday. February 13, 2013 at 3:00 PM. Attached are the following documents: > Revised Bid Schedule > Prebid meeting sign in sheets > Aerial Photo/Generator Detail/Flygt Engineering Submittal > Asbestos Information which includes: • Appendixes F, G, H and I • DEP Notice of Demolition or Asbestos Removal • Risk Management Asbestos Removal Plan CLARIFICATIONS FROM ENGINEER: 1. A revised bid form has been attached. It provides for a break-out of costs for the water, wastewater, stormwater and general work. Also included are new bid items for possible grouting of existing main and full width pavement removal and replacement. 2. Bidders are to pay special attention to Exhibit J-"Technical Specification" and the "Measurement and Payment' sections. Bidders should become familiar with all requirements. 3. The Bid Documents have conflicts in regards to the time of completion. Based upon discussion at the pre-bid conference, the time of substantial completion shall be 270 consecutive calendar days and final completion shall be 300 consecutive calendar days. It is also proposed to allow the contractor to complete the SFWMD (and others) Dewatering Permit process and shop drawing approvals prior to a full Notice to Proceed being issued. AddendumTemplate Revised:4/15/10 1 4. County will be direct purchasing the 6 and 8' PVC water pipe, 6 and 8" gravity main, T/Y Fittings, backflow preventer devices, new water meter boxes, new wastewater pumps and pump package, and new electrical/control panel (PS 302.49). The pipe and fitting will be provided by Ferguson, pumps and electrical/control panel by Flygt and backflow preventer devices and water meter boxes by Collier County. A copy of the pump and pump package shop drawings have been included. The access hatch for the wetwell shall be provided by Flygt and shipped to the contractors pre-cast manufacturer for installation in the top slab. (Shipping to be paid by Flygt). The County will be on site during installation of the new backflow device to complete testing and during the water meter change out and final water services connection. SEE ARTICLE 32.2 OF THE SOLICITATION DOCUMENTS TITLED "SALES TAX SAVINGS AND DIRECT PURCHASE". 5. Bidders should pay special attention to the requirements for asbestos cement pipe removal and disposal. A section has been included in the bid documents and additional information has been attached to this Addendum. County will pay all "Dumping Fees' at the landfill. All other costs are the responsibility of the Contractor. 6. A listing of permits is included in Exhibit"K'. In addition to those listed, the contractor will need to obtain and pay for any "Dewatering' permits that may be required. The contractor shall also be responsible for obtaining any building, electrical or plumbing permits that may be required, the County will pay all application fees and one time inspection fees. The contractor shall be responsible for any re-inspection fees. (Per Part B, Section 14). 7. The plans have attempted to provide the location of the existing water services and wastewater connection points at the individual lots. At many locations these have been field confirmed. In some cases the approximate location is based upon old Record Drawing information. The contractor shall be responsible for locating all existing connection points prior to construction. Generally it is intended that all new water services shall be located at property corners. When necessary a private service may need to be extended. This work shall be completed under a "plumbing'permit by a licensed plumber. 8. The contractor shall be responsible for restoring all disturbed areas to equal or better condition. This includes disturbed areas in and outside of the Right-of-Way, storage areas'and any of the canal access roads used. 9. In Exhibit J, Measurement and Payment, Paragraph 28; revise last sentence to read: All miscellaneous fitting shall be supplied by the contractor including any transition fittings for PVC to clay pipe connections. 10. In Exhibit J, Measurement and Payment, Paragraph 33; revise last sentence to read: The County shall provide the pumps and pump package, access hatch for the wetwell and the electrical/control panel. 11. In Exhibit J, Measurement and Payment, add the following new paragraphs. (49) Existing Pipe Grouting: Measurement and Payment shall be per lineal of pipe grouting by size. It shall include all labor, material and equipment necessary to establish grouting ports, grout pipe and complete surface restoration. (50) Full Width Pavement/Replacement: Measurement and Payment shall be per square yard of full width pavement removal and replacement. This shall be utilized as directed by the owner and whenever pavement disturbance exceeds 40% of the width. This transfer switch controllers required to directly interface to a 3rd party SCADA?The transfer switch is required to interface with a 3`d party SCADA, the generator controller can talk proprietary to the ATS. Are the generator and ATS system controls required to provide all annunciations in- compliance to NFPA-110 Level 1?All annunciations between the generator and ATS are available locally. Due to the limited capacity of the County's standard SCADA unit, the signals transmitted are limited to those critical signals specified. Is the engineer intending on using the generator mounted circuit breaker to protect the alternator from damage? No Does the engineer require a UL2200 listing and label on the emergency generator system? Yes. What paint type or finish should be applied to the outer fuel tank wall? Epoxy is specified, equal coatings compatible for stainless steel would be considered. The coating is purely cosmetic not required for corrosion protection. Can the inner tank be 3/16" mild steel and outer tank 304 Stainless?Yes, as long as that satisfies the UL 142 requirement for tank construction. Please confirm Will the manufacturer's OEM anti-siphon and backflow prevention qualify for compliance under 16213 2.09C ?The referenced spec section is in regard to a check valve or foot valve to prevent losing prime at idel, not backflow prevention. The manufacturers OEM loss of prime equipment is acceptable. If not, please specify a manufacture for the"check valve" and the type of valve (mechanical/gravity or electrical solenoid operation) N/A 16216 3.04 Warranty does not specifically exclude coverage for the fuel tank or housing. If the generator manufacture is to include both the housing and fuel tank under a 5-year comprehensive warranty, please outline the limits to coverage for exterior finishes on both the fuel tank and housing. There are no limits, the total package is required to be warrantied for 5 years. Part 2.08 Advance Manufacturing & Power Systems is listed as approved under the State of FL Manufactured Buildings Program, as provided for under Chapter 553, Part I, Florida Statutes for Manufactured Buildings designed for installation in Florida.Will this vendor also be accepted in addition to TAW?Yes How far from the property line is the generator slab? Meet 55bda or less at 21 feet In regard to the silencer, will the engineer accept weighted averages under ISO 3744 and ISO 8528.10 or; does the engineer want an exhaust silencer designed to attenuate each frequency band to 55 dBA or less?Collier County sound ordinance limits the level at the property line to be average 55dBA or less. We have no preference regarding weighted averages or exhaust silencers or combination thereof. The lights in the housing—will they operate at 120VAC, 12VDC or both? The lighting in the housing is 120V. If lighting is DC, shall the contractor provide and install a timed wall switch to avoid excessive drain on the engine starting batteries? Not applicable, lighting is 120V and will be controlled via a manual switch in the enclosure. Does the engineer require a "walk-in"type housing in this application? Yes. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Dayne Atkinson, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Sig ur ,, e,2rJ' /iCo),4 -- Date ( ame of Firm) COP* Email: nicoleparker@colliergov.net Telephone: (239)252-4270 Administrative Services Division FAX: (239)252-6549 ur,.hasing ADDENDUM 2 Memorandum Date: February 11, 2013 From: Nicole Parker, Procurement Strategist To: Interested Bidders Subject: Addendum#2 Solicitation#13-6040 Doral Circle Water Wastewater Stormwater Repair The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Attached is the following document: D Existing Sanitary Sewer System Plan If you require additional information please post a question on the Online Bidding site-or contact me using the above contact information. c: Dayne Atkinson, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solic'r. on. (Sig a e) o 4' K Date • Xt=3NC_O 6 r 1 S e i c 7 r 1 ,,& e (Name of Firm) AddendumTemplate Revised:4/15/10 1 ' 2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# G48898 Secretary'of State Entity Name: DENCO CONSTRUCTION, INC. Current Principal Place of Business: New Principal Place of Business: C/O ROBERT H BUBAR 4600 CUMMINS COURT FORT MYERS,FL 33905 US Current Mailing Address: New Mailing Address: C/O ROBERT H BUBAR 4600 CUMMINS COURT FORT MYERS,FL 33905 US FEI Number:31-1071467 FEI Number Applied For( ) FEI Number Not Applicable( ) Certificate of Status Desired( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: BUBAR, ROBERT H 4600 CUMMINS COURT FORT MYERS, FL 33905 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: DP Name: BUBAR,ROBERT H Address: 4600 CUMMINS COURT City-St-Zip: FT MYERS,FL,FL 33905 Title: DV Name: BUBAR,RODNEY J Address: 4600 CUMMINS COURT City-St-Zip: FORT MYERS,FL 33905 title DST Name: GIBSON,FRANK J Address: 4600 CUMMINS COURT City-St-Zip: FORT MYERS,FL 33905 rite: CEO Name: BUBAR,DENNIS H Address: 4800 CUMMINS COURT City-St-Zip: FT MYERS,FL 33905 Title: MGRM Name: BUBAR,ROBERT Address: 4600 CUMMINS CT City-St-Zip: FT MYERS,FL 33905 Tide: MGRM Name: BUBAR,ROBERT Address: 4800 CUMMINS CT City-St-Zp: FT MYERS,FL 33905 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE: ROBERT H BUBAR DP 03/19/2012 Electronic Signature of Signing Officer or Director Date • • .,Z.--— , e • 'r ■ , — ..* , "..Zi. 44.. 1. 1 i^ ) . ... 4 1 ' f , American Management Resources Corporation 4 1 t ., er AlLf-Iii-r: ' Certifies that 1 -...., , ,.. , Richard King g i -1 • 4 ( . ' ( Has successfully completed the requisite training for Asbestos Accreditation Under TSCA Title H 0• 1, ▪ qii, Refresher:Asbestos Abatement Supervisor ,.' 1",t, 7' 1 May 10,2012 Course Date .., , . , - May 10,2013 4425 Expiration Date Certificate Number , .1 .• - p,....., I , Perry Brake,/Course Instructor . , + May 10,2012 .,..-_-. Exam Dale(Passing Grade 70%or greater) . Training Provided By AMRC A - 5230 Clayton Court•Fort Myers•Florida•33907•(239)936-8266 . Provider il:FL49-0001626•Course#FL49-0004431 i 47 , ,., ,--- , _ - — —----- ,...,‘4t4., , ,_., , ..,—...„,,,— ,,i' '..7., 7,,c f_.,'.1,- r'' -" __'%•s- iu s _ - - ,. ' '44 : ,--._ _- ±c. -- - ""*.- -,,-- -- ....,,,,, t T y L, I American Management Resources Corporation , , ,..- ' AMR AMRC „ .. ,... , 1 :,,, - , . , C = Certifies that r Z �� Morgan Beall r Has successfidly completed the requisite training for Y Asbestos Accreditation Under TSCA Title II 0 ' i Refresher:Asbestos Abatement Supervisor May 10,2012 i ( (. Course Date � ill May 10,2013 4422 ' Expiration Date Certificate Number 7--.);)'AZ -1 Perry Brak Course Instructor ,f -� May 10,2012 Exam Date(Passing Grade 70•x6 or greater) \\4 '. i t Training Provided By AMC , 5230 Clayton Court•Fort Myers•Florida•33907. 239 936-8266 Provider#:FL49-000I626•Coarse#FL49-04l0 43! i -.--.7..,:,,,, il .4 Lj.c ,e,-•4. §4{' ma - Fa - ' fi` � a ` --� t � y 4_,' — _ CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Denco Construction, Inc. ("Contractor") of 4600 Cummins Court, Fort Myers FL. 33905, a Florida Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Doral Circle Water/Wastewater/Stormwater Repair, Bid No. #13-6040 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Q. Grady Minor & Associates, PA., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two Million Three Hundred Sixty Eight Thousand Four Hundred Fifty Dollars ($2,368,450.00) 31 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.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 two hundred ten (210) 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 sixty (60) 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 32 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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, three hundred ninety six ($396.00) dollars for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. 33 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Q. Grady Minor & Associates, PA. and identified as follows: Sheets 1 thru 25 of Construction Plans and Specifications Sheets 1 thru 111. Exhibit N: Contractor's List of Key Personnel ITB #13-6040: Solicitation Document for Doral Circle Water Wastewater Stormwater Repair 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: 34 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair Dayne Atkinson, Project Manager Collier County Public Utilities Planning & Project Management 3339 Tamiami Trail East; Suite 303 Naples, FL 34112 Tel: 239/252-5337 Fax: 252-6448 Email: dayneatkinson(a�colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Robert H. Bubar, President Denco Construction, Inc. 4600 Cummins Court Fort Myers, FL. 33905 Tel: 239/332-4400 Fax: 239/332-4592 Email: fgibson(a.denco-inc.com 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. 35 #13-6040 Doral Circle Water/ Vastewater/Stormwater Repair Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. 36 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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. 37 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITN.>•E . DENCO CONSTRUCTION, INC. By: FIR T WITNESS / /V .&,�"A€ fig e#: "gSc.h Type/Print Name and Title Type/Print Name bit-L A- C to - S ON D WITNESS CSC �e_lc� Type/Prim Name Date: AT Y h a ,; t odC I OWNER: ATTEST:,.,;\ ' BOARD OF Co NTY COMMISSIONERS OF ►' � ,>; r? COLLIER CO N F ORID' Dwight8 �p " BY: ��%tt3. t BY: Atte* itsm,4 "i t 17 W Ge•�ia' . Hiller, Esq., Chairwoman 1t `o signature Of Appr6ved'As To Fbttn and Legal Sufficiency: Air Assistant o ounty ttorney 38 #13-6040 Dora!Circle Water/Wastewater/Stormwater Repair a BOND # 105 800 368 Surety: Travelers Casualty and Surety Company of America Address: 4631 Woodland Corporate Boulevard, Suite 201 Tampa, Florida 33614-2440 Phone# 813-890-4057 This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Contractor: Denco Construction, Inc. Obligee: The Board of County Commissioners of Collier County, Florida Address: 4600 Cummins Court, Unit 1 3327 Tamiami Trail, East Fort Myers, Florida 33905 Naples, Florida 34112 Phone#: 239-332-4400 Phone#: 239-533-5450 Date of April 15, 2013 Issue : Amount: $2,368,450.00 (Two Million Three Hundred Sixty Eight Thousand Four Hundred Fifty Dollars and No Cents) Project Description: Doral Circle Water Wastewater Stormwater Repair Bid No.: #13-6040 Project Address: N/A Legal Description of N/A Property: This is the front page of the bond;all other pages are subsequent regardless of preprinted numbers. EXHIBIT A: PUBLIC PAYMENT BOND Doral,Circle Water VW/astewater Stormwater Repair Bond No. 105 800 368 Contract No. 13-6040 KNOW ALL MEN BY THESE PRESENTS: That. Deno `Construction, Inc. 4600 Cummins Court, Unit 1, Fort Myers, Florida 33905 TH as Principal, and Travelers Casualty and Surety Company of America , as Surety, located at One Tower Square, Hartford, Connecticut 06183 (Business Address) are held and firmly bound tom Board of Ct my aanmssiaXs of Cbuier , as Obligee in the sum of 1t40 Millicn Three gxere3 gay Eight Thais End Et=Famed Fifty Oculars • ($ 2,368,450.00 J for the payment whereof we bind ourselves, our heirs, executors ND amts personal representatives, successors and assigns, jointly and severally; WHEREAS, Principal has entered into .., ontr ct dated _ as _of the da of 201.3, with Obligee for :T" bb_ #13(0'1D in accordance with drawings and specfications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: • Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying:Principal with labor, materials or supplies, used directly or indirectly by Principal In the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. . • Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be fled by 'claimants. IN WiTNESS WHEREOF, the above parties,have executed this instrument this 15th day of April 2013, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing. body. #13-6040 borai Circle WaterIWasteweter/Stormwater Repair • • Signed, sealed and delivered in the presence of: PRINCIPAL DENCO CONSTRUCTION, INC. ss � Witnesses as to Principal N ITS: ,P/l •s z4 -7 STATE OF, rTro n a • COUNTY OF L t' • The foregoing instrument was acknowledged before me this 02.' day of 1 I,0r; 201"3 by �,�� _ N3,� a$ of , a rk,�,ct corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath.' My Commission Expires: _ •;e ':'' JACQUELINE A. HURLEY (Sii natur' of Notary) *; MY COMMISSION#EE128153 NAME: —3--a-cc-4 EXPIRES September 07,2015 4�e (Legibly Printed) (407)398-0153 FbridallotaryService.com (AFFIX.OFFICIAL SEAL) Notary Public, State of Commission No.: _ £r �a.� I s^3 ATTEST: • SURETY: 7RAVELERS GUAM MD My (Printed Name) OF AMERICA • One Tower Square Hartford, Connecticut 06183 • (Business Address • • (Authorized Signature) Witnesses to Surety (Printed. Name) •413.6040 Dorm circle Watt7rANestewater/$tOrmwater Repair OR v As Afton, -y in Fact (Attac► Power of AAltdrney) 4 /_ A- .1 / / L. Hirx3ecn, Att I -sses (Printed Name) F1crieh pagaart Agent (239) 275-8226 • • • Valenti, Trobec & Woody 4110 Center Point Drive, #215 • Fort Myers,• Florida 33916 (8usiness Address) (239) 275-8226 (Telephone Number) STATE OF Florida • COUNTY OF Lee The foregoing instrument was acknowledged before me- this 15th day of April , 2013, by Wendy L. Hingson Attorney-In-Fact , aS _ of Travelers Casua ty ;�"'-� �. .. ., _ ca Surety, on behalf of Surety. ido'She is personally known to me OR has produced N/A as identification and who (did not) take an oath. • J •U i .' .j 1 001144, Notary Publics Vat*of Florida (Signature) Dawn M Onzo �� • My Commlaabn EE 11801 'o. Explras08/Gt/ 016 Name: Dawn M_' OnZO (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: EE115401 • • • • 41 ft13-6040 Doral Circle Water/Wastewater/Stormwater Repair • EXHIBIT A: PUBLIC PERFORMANCE BOND . Dora' Circle Water Wastewater Stormwater Repair Bond No. 105 800 368 Contract No. 13-6040 KNOW ALL MEN BY THESE PRESENTS.: That Denco construction, Inc. 4600 cammns Oast, #1, >rbbrt Myers. F1cr•it , as Principal, and Travelers Com�anv of America rety One Tower • are, Hartford, Connecticut a 06183 Surety, located at (Business Address) are held and firmly bound to The Board of Oanty Caratissicners of (-I-flier minty, FZcrids , as Obligee in the sum of l l i m 'Three F1n3red Sixty Fight Thzusaml Four .71.: 1- Ss . - a r3 tb Cutts ($2(368,450.00 )'for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. • WHEREAS, Principal has entered into a contract dated as of the day of • , 2013, with Obligee for Dec.ral Circle Water i stet meter , Hid N . #13.-6040 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 to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3.. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions.of time, alterations or additions to the terms of the Contract or other work.to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under.this bond, and it does hereby waive notice of any such changes, extensions of time alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be• construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond. #13-6040 Coral Circle Water/Westewafer/Stormwater Repair , In no event will the Surety be liable in the aggregate to Obligee for more than e 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 15th day of ril • , 2013, 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 /r-__. ___e___10)galiplir _ DENCO CONSTRUCTION, INC. WI esses as to Prine •al BY' / _�-��/ � = � NAME: n a — />•74,e442.- ITS: S.AA-- y STATE OF .j-=__-1Tlv ry c COUNTY OF i,-,.e The foregoing instrument was 'acknowledged before me •this 3 r�l U `�� _._,,,..�, 2013, by ---\- t-\_ day of .-e s, k-- of as .,.,, corporation, on behalf of the corporation. He/she is personally known to , me . OR has produced• as identification and did (did no take an oath. My Commission Expires: O ,�►'' %: JACQUELINE A. HURLEY (S .. ' ;'� MY COMMISSION#EE128153 g atur� a'r:� EXPIRES September 07,2015 Name: (407)398-0153 Flo4d•N0t•ry$�ice•corn (Legibly Prl.ted) ��' (AFFIX OFFICIAL SEAL) • Notary Public, State of: . '� L.ti Commission No.: • • #13-6040 coral Circle WeterNVestewater/StOrmwater Repair • • ATTEST: SURETY: • TRAVELERS CASUALTY AND SURETY COMPANY (Printed Name) of AMERICA One Tower Square • Hartford, Connecticut 06183 • (Business Address) • (Authorized Signature) • Witnesses a§ to Surety (Printed Name) ,waif? it 1 0; - -- .....00" . _,„,-- ____.e.. • 's Att• ey•in Fact - = (Att- Power of Attorneys A ' _ li lb. L 414 _. / Y L. Hirgecn, Atmz -n- t and Witnesses Florida (Printed Narne) Aga>it 275-8226 Valenti, Trobec & Woody 4110 Center Point Drive, #215 Fort Myers, Florida 33916--- ' Tusiness Address)�----- (239) 275-8226 (Telephone Number) STATE OF Florida COUNTY OF Lee' The foregoing instrument was acknowledged before me this 15th it , 2013, by Wen L. Hinson day of Cif and Y as behalf Surety. a Connecticut Surety, on ty She • is onally known to me OR has produced as identification and who (did not) take an oath. My Commission Expires: 1( ��C I°`y-,-,'y,�, do,itic Notary Public State of Florida (Signature) / _ Dawn M Onzo My Commission EE118401 ,e## Expires 0/01/it919 Name: _Dawn a M arm, (Legibly Printed) "�"—' (AFFIX OFFICIAL SEAL) Notary Public, State of: • Commission No.: EE115401 44• #13-6040 Qoral Circle WaterrWastowater/Stomlwater Repair • • • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4111111k POWER OF ATTORNEY J TRAVELERS Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225767 Certificate No. 0 0 5 2 5 3 9 8 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Wendy L. Hingson,and Dawn Onzo of the City of Fort Myers ,State of Florida ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 2nd day of November 2012 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company . Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America - _St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I,SU ou 6 N .N INSU �Y AIy Y "TV��• . y O� .y ��....SU9 oP+.......,Fy ear oa 10''" ` '4b 0#' Q 't 1977 wcanaeatEO •m �! a xi f=, �' 1982 O - �'4.�a ;m y; _._ .�- w HARTFORD, < < 1951 ! moo. --.;\SEAL �d;SEAL ccelk ro a ~n oeb State of Connecticut By: r"I City of Hartford ss. Robert L.Raney, enior Vice President On this the 2nd day of November 2012 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. vtIn Witness Whereof,I hereunto set my hand and official seal. C`W1 W w" v My Commission expires the 30th day of June,2016. * "ono C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 15th day of April ,20 13 Kevin E.Hughes,Assis„nf Sec tary 01,414F4 • : V F\PE FAN.....NSG +• 1' .,_ p,1Y AiyO 1'1N 14. �:({�' rill r .� �O:' •.9 P ........ ` `./Q�YO'.�0 RA li °"4''Tl 9� tc- 82 O 11b '.Ah�+ c.( — m 'iE��_ f'.�,{ aP HARTFORD, !Cr �� 1. O Ji 'o , s a 1951 / SegL o3 4 J ti'� �• J p J /� 6•SEA.L iD W CONN. e • $ Ng .r. A 1g........ np+ �A��`- To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORO® DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 4/15/2013 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 Alan P. Chandler Valenti, Trobec, Chandler Inc. (acNNo.Est): (239) 275-8226 q No); (239) 275-8837 1175 W Long Lake Road, #200 E-MAIL ESS;whin g son @vtw-ins.com ADDR Troy, Michigan 48098 INSURER(S)AFFORDING COVERAGE NAIC# INSURERAB:Amerisure Insurance Company 19488 INSURED INSURER B:Travelers Denco Construction, Inc. INSURERC: 4600 Cummins Court, Unit 1 INSURERD: Fort Myers, Florida 33905 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 2013 - 2014 VTC REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY1 (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 A J CLAIMS-MADE x OCCUR X GL20808790101 01/01/2013 01/01/2014 MED EXP(Any one person) $ 5,000 X Inc. Contractual PERSONAL 8.ADV INJURY $ 1,000,000 Liability and XCU GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY IXI/ i nLOC AUTOMOBILE LIABILITY 'COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED CA20666090301 01/01/2013 01/01/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS x NON-OWNED PROPERTY DAMAGE AUTOS X (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE CU20742210202 01/01/2013 01/01/2014 AGGREGATE $ 4,000,000 DED I X RETENTION S 0.00 FOLLOWS FORM $ A WORKERS COMPENSATION WC STATU- °R- AND EMPLOYERS'LIABILITY Y/N Xi TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) WC2066612 01/01/2013 01/01/2014 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If has describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Inland Marine QT-660-2810X701 01/01/2013 01/01/2014 LEASED/RENTED $150,000 Any One Item DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) For Any and All work performed on behalf of Collier County. Collier County is added as Additional Insured with respect to General Liability as required by written contract. Thirty (30) days notice of cancellation, Ten (10) days for non-payment. CERTIFICATE HOLDER ' CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 3327 Tamiami Trail, East AUTHORIZED REPRESENTATIVE Naples, FL 34112 Wendy Hingson/V510 - -" - � ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD • • • • • • • '1:2HISENIDORSEMENT,CHANGES'THE POLICY, 'PLEASE READ IT CAREFULLY, • CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT • • This endorsement modifies insurance provided under the following: • , . tONIMtRdIAL GENERAL LIALJTY coVERApE FORM . All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION WHQ IS AN.INSUREP is amended to include as an insured any person or organization, called an additIonal'iriStired.'in'thrs eridorSeMent: ' • . . • 1.. Whom you are:required to)add,as art additional•insured oh•this policyunder a written•contractOr agreement relating to.your business; or 2, Who is named as an additional insured under this policy on a certificate of insurance. - However, the written contract, agreement or certificate of insurance must require additional insured status for.altime • •period durin.g the term of this policy and be executed prior to the "bodily injury" 'property damage", "personal injury", or"advertising injury" giving rise to a claim under this policy. If, however, "your work"was commenced under„aletterof intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. • 3. If the additional insured is: • (a) An individual, their Spouse iS also an additional insured. • • (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds. (c) A limited liability company members and managers are also.additional insureds. (d) An organization other than a partnership;joint Venture or limited liability company, executive officers and directors of the organization Are also additional Insureds, Stockholders are also additional insureds, but only withrespect to their liability as stockholders, • •• (e) A trust,you are an insured. Your trustees are also insureds; but only with respect to their duties as • trustees. • The insurance provided to the additional insured is limited as follows: t That person or organization is.only an additional insured with respect to liability arising out of: (a) Premises you own, rent, lease, or occupy, or • (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or • `. the certificate of insurance requires your work"coverage (or wording to the same effect) in which case the coverage•provided.Shall extend to"your work"for that additional insured,• "' Premises, as respects this provision, shall include common or public areas about such premises if SO required in the.writterr contratt or agreement. Ongoing operations, as respects this provision, does not apply to "bodily injury" or"property damage"occurring after: (1) All workincluding.materials, parts or equipment furnished in connection with such work on the project(other • then service maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the site of thecovered operations has been completed; or • Includes•copyrighted material of Insurance Services Office inc;.; With its permission. CG 7Q 4801.04 Copyright,Insurance Services Office, Inc., 2003 . • Page 1 cpf 2 • • • • • . • (2) That-pftioof ''your.wOric!' putOf which th ,.inj.ury or clari.iiagearl55 haS.:beenspatobitS•intended Use by any person or Organization other than another contractor or subcontractor engaged in performing • • operatkr5rfor a principal ds...a part of the same project. , • ', - i • . ' " ' ' '. ... , . • • 2. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or agreement, or in the certificate of insurance or in the peclarationS.for this polly.., lf,Y:pu.alsbi.carry an Umbrella policy, and the written contract or.agreement or certificate of insurance requires that the additional insured status also apply to such Umbrella policy, the limits of,inAi.Jranceapplicable.4p;the,adOltionakiftsured underthis policy shall be those specified in the Declarations of this policy. The limits oritisuranCe applicable to • the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. ' ' • • . .„ 3. Th'e•additional insured status provided by this endorsement does not extend beyond The expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. 4. Any person or organization who is an insured under the terms of this endorsemeht an who is aisp..aninA-Orecl under the terms.of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached io this policy, shall have the benefit of the terms of this endorsement if the termS of this endorsement are broader: • • 5. If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured status be provided by thevse.of CG.20 loll 85, then the terms•of th:at•endorsement,:which.are shown'below; are incorporated intdthis endorsement as respects such addition* insurqd, to.the extent that such terms do .. , . . . . . . . . . not'restritt'boSierage otherwise provided by this endorsement: . , • . . . . • • • • • . . ADDITIONAL INSURED - OWNERS, LESSEES OR ' • CONTRACTORS'(PORM'B)' ' • : ,. ' , • ' This endorsement modifies insurance provided under thefdllowing: • • • . . . • • COMMERCIAL GENERAL LIABILITY COVERAGE PART. : • , . . • ' • SCHEDULE , • . • . . . • . . Name of Peron Oe Organization: Blanket Where Required by Written Contract; • ... : ' .Agreement; or Certificate of Insurance that the terms of CG 20 10 11 85 apply. , . • '(If no entry appears above, information required to complete this endorsement will be ' shown in the Declarations as applicable to this endorsement) . . . WHO IS,ANINSURED s(Section II) is'arnended to include as an insured the person Or • organization shown in the Schedule, but only with respect to liability arising out of "your work"for that insured by or for you. , ' . • " .COPyright, Insurance.Services Office, Inc„ 1984 • ' • ,CG 20 10 11 85 . . . . . • . . . • The ihs,urante,provided to the additional insured does not apply to "bodily injury" "property damage" "personal injury",.or"advertising injury"arising out of an architect's,.engineer's,'Or surveyor's rendering.Of or file to render any professional services.including but not limited to: • • . . 1, The preparing, 'approving, or failing to prepare or approve maps, drawings,•opinions, reports;.surveys, change orders, design specifications; and . . , 2. Supervisory, insPection, or engineering services. • • • Any.goverage provided in this.endorsement is excess over any other valid and collectible:insurance available to the.additionaLinsured.whether primary, excess, contingent, or on,any,otherbasis unless the'written-contract, agreement,or certificate of insurance requires that this insurance be primary, in which,case th•is insurance will be primary without contribution from such other insurance available to the additional insured. . • . . Includes copyrighted material of InsuranCe Services Office, inc., with its permission: CcipYrightiniuranceServices Office;inc. 2003 Page Z'of 2: • CG 7'048'0a04' • ., . . . • ........... • • • • ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT This'endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM • Under SECTION I • COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions1. through 7. of this endorsement amend.the policy as follows; 1. LIQUOR LIABILITY Exclusion c, Liquor Liability is-deleted. 2, POLLUTION.-HEATING AND AIR CONDITIONING EQUIPMENT Exclusion f. Pollution or any additional pollution exclusion attached to this Coverage Form shall not apply to "Bodily injury"if sustained within a building that is or was at any time owned or occupied by or rented Or loaned to any insured and caused by smoke, fumes, vapor or soot from equipm:ent used to heat or cool the building. •3. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT(HIRED, RENTED OR.LOANED WITH PAID CREW) • Exclusion g. Aircraft,Auto or Watercraft, paragraph (2) is deleted and replaced with the following: (2) A watercraft you db not own that is. • (a). Less than 51 feet long; and (b) Nvt•beingused to carry persons or property for a charge; • • Exclusion g.Aircraft, Auto or Watercraft, paragraph (6) is added as follows: (6) An aircraft that you do not own that is: • (a) Hired; • (b) Rented; or (c) Loaned to you; • • with'paid•crew for a period of five (5) consecutive days or.less. Paragraph (6) goes not apply if the insured has any other insurance for"bodily injury or"property damage" • liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other basis. 4. PREMISES ALIENATED .' A. Exclusion j. Damage to Property,-paragraph (2) is deleted. B. • The following paragraph is also deleted from Exclusion J. Damage'to'Property: Paragraph (2) of this exclusion does not apply if the premises are "your Work"and were never occupied, rented or.•held for rental by you 5. PROPERTY DAMAGE LIABILITY- ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion j. •Damage`sto Property, paragraphs (3), (4), and (6) do not apply to the use of elevators B. Exclusion k. Damage to Your Product does not apply to: 1. The use.of elevators; or 2.• Liability assumed under a sidetrack agreement. • • Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 70 49 09 0.5 Copyright Insurance Services Office,•Inc., 2004 Page 1 of 9 6. PROPERTY DAMAGE LIABILITY• 8oRRoWEb,EQUIPMENT • A. Exclusion J. Damage to Property, paragraph (4) does not apply to "property damage"to borrowed equipment.while at a jobtite:and not being used to perform operations. B. With respect to any one borrowed equipment item, provision 6.A. above does not apply to "property damage"that exceeds $25,000 per occurrence.or$25,000 annual aggregate. 7. PRODUCT RECALL EXPENSE A. Exclusion n. Recall Of Products, Work Or-Impaired Property does not apply teprodUct retail expenses"that you incur for the"covered recall" of"your product". This exception to the exclusion does • not 4)ply to"product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purPose; , . 2. Breach of warranties of fitness, quality, durability or performance; • 3. Loss of customer approval or any cost incurred to regain cuitomerapproVal; .4. Redistribution or replacement of"YourprOduct";which has been recalled, by like:productS or substitutes; • • • • • • •5:. Caprice:or whim of the insured; • 6. A condition likely to cause toss, about which any insured knew or had reason to know at the inception oftnis insurance: 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of"your product(s)"that have no known or suspected defect solely because a.known or suspected defect in another of"your product(s)" has been found. B. Under SECTION III—LIMITS OF INSURANCE, paragraph 3.. is replaced in its;entirety as follows and paragraph 8. is added: 3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY • because of"bodily injury"and "property damage"included in the "products-.coMpleted'operations hazard" and b. "Product recall expenses", 8. Subject to paragraph 5. above, $25,000 is the most we will pay for all "prOduct recall expenses" arising out of the same defect or deficiency. The insurance afforded by provisions 1;through l. of this endorsement is excess over any valid and collectible insurance(including'any deductible) available to the insured whether primary, excess or contingent, and SECTION IV., paragraph 4. Other Insurance is changed accordingly, 8. CONTRACTUAL LIABILITY- PERSONAL AND.ADVERTISING INJURY Under SECTION 1 - COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual.Llability is deleted. 9. SQPPI4M4NTARY PAYMNTS Under SECTION I - SUPPLEMENTARY PAYMENTS- COVERAGES A AND 13, paragraphs. , . and 1.d. are • deleted and replaced with the following: • b. Up to $2,5,00 for cost of bail bonds required because of accidents or traffic lavy violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have io furnish these bonds, d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. • • Includes copyrighted material of InsuranCe Services Office, Inc.,With its permission. Copyright Insurance Services Office, Int., 2004 Page 2 of 9 CG 70 49 09 05 • • 10.:B( OADEN t Q WHO IS AN I.NS:URE;p 0 • SECTION.II WHO IS AN INSURED is'deleted and replaced with the following: • 1. .If you are designated in the Declarations as: • a. An individual,you and your spouse are insureds, but only with respect to the conduct of a business of . . which you are the sole owner. . b. A partnership or joint venture,you are an insured. Your members, your partners, and their spouses are also:ins.ured.s, but only with respect to the conduct of your business. c. A limited liability company,you are an insured. Your members are also insureds, but only with resp:ect.to the conduct,of your business. Your•man:agers are insureds, but only with respect to their • duties as your managers. d. An organization other than a partnership;Joint venture or limited liability company,you .are an insured. • Your"`executive officers" and directors are insureds, but only with respect to their duties as your . Of icers•or directors. Your stockholders are also insureds, but only with respect'to their,liability as stockholders, . -e.. Atrust;you are an insured, Your trustees are also insureds, but only with respect to their duties as tr:uste.es, 2. Each of the following is•also an insured: . . a. Your"volunteer workers"only while performing duties related to the conduct of your business, or your "employees," other than either your"executive officers,"'(if you are an organization other than a partnership,joint venture or limited liability company).or your managers (if you are a limited liability company), but only for acts within the scope of theirernployrnent by you or While performing duties related to the conduct of your business. However, none-of these "employees" or"volunteer workers" are insured for: (1). •"Bodily injury'.or"personal and advertising injury" • • • (a) To you; to your partners or members (if you are a partnership or joint venture), to your • members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteerworkers"while performing duties related to the conduct of your business.; • (b) To the spouse, child, parent, brother or sister of that co-"employee" or"volunteer worker" as a consequence of paragraph (1) (a) above; • (c) For which there is any obligation to share damages With or repay someone else who must • pay damages because of the injury described in paragraphs 1 a orb above; or ry ( ?O ( ) (d) Arising out of his or her providing or"failing to provide professional health care services • except as provided in provision 11. of this.endorsement. • .(2) "Property.damage".to•property: 0 (a) Owned, occupied or used by; • • • . (b) Rented to, in.the care, custody or control of, or over which physical control is being. exercised for any purpose by you, any of your"employees," "volunteer workers", any member.(if you are a partnership or joint venture), or any'member(if you are a limit dpabnlit or company)., liability b• Any person (other.than your"employee" or"volunteer worker"), or any organization while • your real estate manager, acting as c. Any person or organization havin g proper temporary custody of your property if you die, but onl ; (T). With respect to liability arising..out of the maintenance or use of that property; and y • (2) Until your legal representative has been appointed. , • Includes copyrighted material of,lnsuran.ce Services.Office, Inc., with its permissio CG.70 4:9.Q9.0 Copyright Insurance Services Office, Inc,,,2004 n' Page 3 of 9 • d. Your legal representative if you die, but only • with respect to'duties as such. That representative•will' •have all your rights and duties under this Coverage Form, • e. Your subsidiaries if; (1) They are Iegafy incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. • If.suchc subsidiaries are not shown in the Declarations,you must report them to us within 180 days of the inception of your original policy, . f.. • Any person or organization other than an architect, engineer, or surveyor, which requires in a "work contract"that such person or organization be made an insured under this policy., However, such • person or organization shall be an insured only with respect to.cov.ered "bodily injury, ","property damage," and"personal and advertising injury" that results from "you;r.work" under that"work . contract:"The coverage afforded to such people or organization will continue onlyfor.a:period of thirty (30) days after the effective date of the applicable "work contract" or, until the end of the policy term, • whichever is earlier. However, if you report to us within the 30-day period stated above the name of the person ororganization,as well as the-nature'of the "work contract" involved,the coverage afforded under this Coverage Form to such people or organization shall continue until the expiration of this policy. This paragraph f. does not apply if form CG 70 48, Contr•,actors Blanket Additional.:lnsured Endorsement, is attached to the policy: g, Any person or organization to whom you are obligated by:virtueof a:written contract to provide insurance:such as.is.afforded.by.this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so.required..in the contract. However, no such person or organization is an insured with respect to:. (1) Any"occurrence"that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person"or organization. h. Any.state or politicI subdivision but only as respects.legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. • However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage!, and "personal and advertising injury"arising out of operations performed for the state or municipality; or • (2) "Bodily injury" or"property dama.ge': included within the "products-completed operations hazard." Any person or organization who,is the lessor of equipment leased to you to whom you are obligated b y virtue of a written contact to provide insurance such as is afforded,by this policy, but only with respect to their liability arising out of the maintenance,operation or use by you of such equipment. However, no such person or organization is an insured with respect to any "occurrence"that takes place after the equipment lease expires, J. Any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of your premises or "your work," y However, no architect,..engineer, or surveyor is an insured with respect to "bod;il injury,"" " damage," or"personal and advertising injury"arising out of the rendering of or the failure orrrende any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or a surveys, change orders, designs or specification; opprove maps, drawings, opinions, reports, (2) Supervisory, inspection, or engineering services. • Includes copyrighted material'of Insurance Services Office,'Inc., with its permission. Page 4 of:9 Copyright Insurance Services Office, Inc., 2004 • CG 70 49 09 05 • This paragraph J. does not apply if form.CG 70 4$, Contractors Blanket Additional Insured. Endorsement,;Is attached to the policy. • • k. Any manager.owner,lessor, mortgagee, assignee or receiver of premises; including land leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises or land leased to you. However; no such person or organization is an insured with respect to: (1) Any"occurrence"that takes place after you cease to occupy that premises,.or cease to lease the land; or • • :(2) Structural alteration; new construction or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newlyacqu°ire or form,•other than a partnership,joint venture or liii ited:liability • company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is•no Other similar insurance.available to that organization. However: a. Coverage under this provision is afforded until the erld.•of the policy period, b. Coverage*A does not apply to "bodily injury" or'"property damage"that occurred before you acquired or formed the organization, c. Coverage B does not apply,to "personal and advertising injury" arising Out of an offense committed before you acquired or formed the organization. • d. Coverage A does not apply'to"product recall expense"arising out of any withdrawal or recall that • occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, is an insured but only with respect'to "bodily injury" or "property damage" arising out of"your products"that are distributed or sold in the regular course of the vendor's business. • However, no such person or organization is an insured with respect to: • Via. "B,o.dily injury' or"property damage"for which the vendor.is obligated to.pay,damages.by reason of • the assumption o.fliability in a contract or agreement. This exclusion does not apply to liability for damages•that the vendorwould have,in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change In "your product"made intentionally by the vendor; d. Repackaging, unless unpacked•solely for the purpose of inspection, demonstration, testing, or the substitution-of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products"; f: Demonstration, installation, sery icing or repair.operations, except such operations performed at the vendor's premises in connection with the sale of"your product"; g. "Your products"which, after distribution or sale by you, have.be:en labeled or relabel•ed or used as a Container,.part.or ingredient of any other thing or substance by or for the vendor. This`Insurance does not apply to any insured person or organization from whicnyou have acquired "your products", or any ingredient, part of container, entering into, accompanying or containing "your products". •No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured.in the Declarations. Includes copyrighted material of Insurance Services Office, Inc„with its permission. CG 70.49 09 05 Copyright Insurance Services Office, Inc., 2004 Page of 9 11. INCIDENTAL MALPRACTICE LIABILITY As respeCts'provision 10„ SECTION II -WHO IS AN INSURED i paragraph 2,a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to proVide medical or paramedical . Services, provided that you are not engaged in the business or occupation of providing such services, and your,'.employee"does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III • LIMITS OF'INSURANCE, provisions 12. and 13. of this endorsement amend the policy as follows: 12. AGGREGATE LIMITS PER PROJECT The Genera:Aggregate Limit applies separately to each of your construction projects away from premises. owned by or rented to you. 13. INCREASED.MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD A The re.quirement under SECTION I - COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year 'f the date of the accident is changed to three SECTION III.- LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTION ill LIMITS.OF INSURANCE and is the greater of: 1, $10,000; or • 2. The amount shown'in the Declarations for Medical Expense Limit. C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorSement, 14. LEGAL LIABILITY (SPECIFIC PERILS) • A. The:word fire is changed to."specific perils" where it appears in: • 1. The last paragraph of SECTION I—COVERAGE A, paragraph 2. Exclusion ; • 2. SECTION IV, paragraph 4,b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such:damage results from a "specific peril" or any combination of"specific perils." • C. The.Demage To Premises Rented To You Limit described,in SECTION III - LIMITS OF INSURANCE, paragraph 6,, is replaced by a new limit, which is the greater of: 1. $300,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Liability.of SECTION I - COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement, Under SECTION IV-.COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17, of This endorsement,amend the policy.as follows: 15. KNOWLEDGE OF OCCURRENCE Under 2-;Duties In The Event Of Occurrence, Offerise, Claim, Or Suit, parag:raph a, is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or anoffense by your"employee(s)"shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers", directors, or managers has knowledge of the "occurrence,or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of an injured persons and witnesses; and • Includes copyrighted material of Insurance Services Office, InC., with its permission. Copyright insurance Services Office, Inc., 2004 Pa'ge;6 of 9 CG 70.49 09 05 • • • - (3) The nature and location of any injury or damage arising out of the "occurrence'or•offense,• e. „Af.yOUTe0ort:al:':otturrencelto your.workers compentation.carrierthat devel'oPt into'alabilityClaim for which coverage is provided by the Coverage Form; failure•to report such an•"Occurrence'l tousfat•the•time • , of the"occurrence"shall not be deemed a violation of paragraphs a., b„ an:d.p.,above. -17loweyeb;you shall • give written notice of this "occurrenCe"to us as soon you become aware that this "occurrenCe"may be a • liability claim rather than a workers compensation Claim. . . • f.: ,You.mustsee'to>it that the following arePonein the event of an actual or anticipated'"covered,recall"that may result in "product recall expense": • ./..(1) - Give us prompt notice of any.discoveryornbtification•that"your produce'must be•Withdrawnor • • recalled, Include a description of"your product"and the reason for the withdrawafOr recall; • . . (2) Cease any further release, shipment, consignment or any other metho.dofdistribution of like or similar - . . Produ,ots...Until thas been determined-that all such prpducts are free.from-defects.,that.could be a • . • ' .. caOse:OflOs Under the inSurance. . . . . • . .. . . 16, UNINTENTIONAL FAILURE:TO DISCLOSE HAZARDS :, . . . • . . Paragraph 6, Reptesentations is:delete•d and replaced with The following: • • 6.—..Representations• • • . . • . , •. •• • . • . . 155eadic.Opifrig:plis pplicy,you*agree: . ., ::: . "• a. .The statements in the Declaration's are accurate and complete; • .•b. Those statements.are•based upon•representations you ma de to us; • • . •.. . • . c. . We have issued this policy in reliance upon your representations; and • . • . • * • ,. ..d.:.• -Thispolicy:is void,in anycasectfraud by you as itrelates to this policy or any claim•underthis policy. We will.:not deny coverage•Under this.coverage part-if you unintentionallyfail to.disclose all:hazards existing as of the:Inception dtepf this poiicy. You m.ustreport to us any knowledge of am: •rror or omission in the . ,• glescriptiOmot.any.limemises,gr operations intended to be covered by the Coverage Form as soon as . . ; . practicable after discovery::,.-lowever, this provision does not affect our right to collect.additiorral ... ,. premiumor exercise our right.of cancellationorhonrenewal.. .• . . 17. BLANKET WAIVER OF SUBROGATION Paragraph 8. Transfer'Of Rights OtRecoVery Against OtherStO Us is deleted;and replaced With the .following: .: • . . . . .. ' 8..• .'If theihSUred'has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them'. At our request, the..i.htured...v.v[Iltiring "suit".or transfer those rights to-us.and helplus•enforce them. However, if the insured has waivedrights.torecoverlhrough awritten.contracti•orif'your work"was commenced under.a letter of intent or Work,order,.sUbject to a suOs.equentreduction to writing with•customers.Whose tUttomary • . contracts require a waiver, we waive any right of recovery we may-have•underthis Cove:rage Form. • 18. EXTENDED NOTICE.OF CAN.CELLATIONAND.•NONRENEWAL . . Paragraph 2. b. of A. Cancellation of the COMMON POLICY CONDITIONS is deletedandreplaCed with the ,following:, • • • • . b. 60 days before the effective date of the cancellation if we cancel for any other reason.. • . Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph.9. Whe'n WeDo Not Renew is*deleted and::replaced with the following: 9. Whe.n•We.Oo.Not Renew • • .. . . . . . . • . If we decide not to renew this Coverage Part, we will mail ordeliver to the first Named InsUred shown in the Declarations written notice of•henonrenewal not less than 60 days before.the expiration date, ... If.nOtice is.mailedi.Proofofrnailing will be:•sufficient proof of notice. " .includes'cPPYrighted material of Insurance-Services,Office,,Irtc:, with its,permission. •• CG 70 49.09 0.5 Copyright Insurance Services Office., Inc., 2004 . '. : . . . PageVof 9. , . • • 19, MOBIL.E.E1QUIPMENT REDEFINED . .. .. • .Under SECTION V.!DEFINITIONS.,..paragraph12..-Nobile eqUiprnenr, paragraphif.•;(1).,doeSnot apply to' . ,:.selfliropelledNefildles &less-than 1,000 pounds.gross vehiclemeight ' • • '... - 20'.'1.1•MIt00.41.ETION'Ic•:QATA•LIABILITY: . . A. The following paragraph is.added to SECTION HI–LIKITS,OF INSURANCE:. .. ' .Subject to 5.aboveithe most.we will,pay:under:Coverage A for"property damage:because of all loss of "electronic data" arising out of any one "occurrence" is $25,000. B. Forthjs.provision 2iL only,.SECTIONV—DEFINITIONS,•paragraph.17. "property.Damage" is,replaced by..,the'fotlowingq ' . . . . . .. . .:. ; 17.: ..'?,properVi,darngeorneans: . • .. . . , • , •-a'.• RhySical injury to tangible property, including all resulting loss of use of that prOperty. All such loss of use shall be deemed to occur at the time of the physical injury that caused it, • b. Loss of use of tangible property that is not physically injured. All such foss of uSe'shall be"• • deemed to occur at the time ofthe.!!occurrence"that caused it;.or., . . ..• , : • ' • c. Loss of"electronic data", Loss of"electronic data" means loss of, loss of.use:of,.,damage to, corruption of inability to access, or inability to properly.manipulate such"elctronic data", • • resulting from physical injury to tangible property.All.suCh,lOSs of"electronic dafa" shall be • deemed to bccur at the time of the "occurrenCe"thatcaUsed it. • For the purposes of this insurance, "electronic•data" !Snot tangible property. 21. DEFINITIONS • . , • . . . .1,;.- ,:searioNq-,DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the folloWirig:definition: • "Coverage territory!means.anywhere In the world with•Tespect to liability arising out of""bodily injury," • "property•damage.;"oritpersonal and•advertising injury," including:"personal,and'advertiSing injury" offenses that take-place through the Internet or similar electronic means of communication provided the .insureds i responsibility to pay damages.is determined In a settlement to which we agreedr'in a."suit"on the merits, in the United States of America •(ineltiding:its territories andloossessions):, Puerto Rico and Canada. . . • „ . . 2. SEcTION V 7 DE.F!NITioNs is amended bythe addition of.the following definitions:, . "Covered recall"means a recall made necessary because you or a government body has determined that • a known or suspected cl,efect, deficiency, inadequacy, or dangerous condition in "your product"has • . '', resulted or will re.sUlt in 'bodily injury"...or"property damage'. . . • • "Electronic data" means information; facts or programs stored as or on created or used on or .;. : transmitted toorfrom-computer software.(including systems and aPplications softWare),.hard orfloppy disks;:CD,RPMS;:tapesi.drives, cells;data protessing:devices or any other.mediaUsed with " electronically controlled equipment. •. . • • "Product Recall expenses" mean only reasonable and necessary eXtra costs, ■,:vhieh resUlt frornlor are related to..the:recall or withdrawalof"your product"for: • a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; . l. ...:b. ., Statipnery,,errvelopesi.production of anngun.cemer4 anO-poVage dr facsimiles; . : • c. Remuneration paid to regular employees for necessary avertimeor authorized traVel expense; • d. Temporary hiring by you or by agents designated by you of persons,'other than yOur r-egUlar • • . employees, to:perform necessary.tasks; e. : Rental:of necessary additional warehouse or'storage space; • • . f. F'ackaging of or transportation,or shipping ofdefective•prOducts to the location you designate; and• Includes copyrighted material of Insurance.ServidesOffice;.inc., with its p.ermission. Copyright Insurance.Services Offite, Inc,; 2004 '. Page..8'sof:9 • CG It) 4909 OS • g. Disposal of"your products"that cannot be reused,. Disposal expenses do not include: • (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary • to avoid"bodily injury"or"property damage", "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or"water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. "Work contract" means a written agreement between you and one or more parties for work to be performed by you or on your behalf. • • Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 70 49 09 05 Copyright Insurance Services Office, Inc., 2004 Page 9 of 9 EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. 45 #13-6040 Dora!Circle Water/Wastewater/Stormwater Repair Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation.,whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage] required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Vendor for such coverages 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 coverages 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. 46 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance') Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. Z Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily current ISO form Injury Liability 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 El 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 47 #13-6040 Doral Circle Water/VVastewater/Stormwater Repair ❑ 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. ® 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. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 10. ® 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 Date Vendor Signature Print Name Insurance Agency Agent Name Telephone 48 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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 2013 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 , 2013, 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.: 49 #13-6040 Doral Circle WateriWastewater/Stormwater Repair 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 Purchase Order No. 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 $ Percent Work completed to Date: % Less previous payment(s) $ Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: _(Contractor's Name) (Signature) DATE: (Type Name &Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name &Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 50 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair MI Q N i_ ? x U ° �l:R W '' ail (Y 3 w a CO 1 W m N w LC I I- LO 03 < O a. a z 7 C cc Q u W o N E N 7 W CC _ o 0 3 w O 0 E U, U t0 O 1.-e,z -0 I CO OIQI O U I N W C N O 0 a a� WI @ -1 m O V) 2 •c Z J LL 03 N 0 as f6 COI CIN N F- W = O WI w Ow N -O U a aw. et m O• O UL 0 0 C7 y U) .1- a D m C _I Fw- W I- `Ic r) ~Id 0 0 O N I- 2ui0 O EI v °� ~ -c O1 y I C Ice o cO N TD F , a Ea) 2 ° c la 0 cO E c to 0 t0 L • ? W a F. W N .c CL J 2 m `m 0 – •c Q a o a I 3 z U m u, a O a >1 a O o N J 0 a w O v .� 3 0z 0 c1 a y •,2 CI = u) 1- 0 iu o a c U 0 0 ` . (I) » .c rn F-I 0.1 Ce , 1 0 O c N w O L J W .- – • J U O N v ¢--0 w = 0) m 1 , > O ..g_ I 2 - z • E c as F- C O L a E .c1U O J U N c p H c c c 0 w C O OI C M 4) O cIr- a. ili — OI_ L O E a'I f0 .,c m Z W m (0 f0 _c d F_ • O X O W LI 1 W 1 d ZI ■ _ _ Si 31 I 0 w _ u ) ) 2 £ (73 CO a) 2 13 0 2 § U 2 5 O c 2 a § w 2 _ . © < 2 k U [ § ] j - \ > \ = a O. co' E ■ . 2 12 ■ 2 > 2 < .0 2 -a � � ■ 2 . . cn § 45 . .0 o E k 2 : 0. O 2 0 kO. v cu o � . X . , as c � 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 Authorized by: Date: Division Administrator (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 55 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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._ 57 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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; 61 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 62 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 63 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 4.3 Contractor shall submit all Applications for Payment to David Schmitt, P.E., Q. Grady Minor & Associates, PA, located at 3800 Via del Rey, Bonita Springs, Florida 34134. 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 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-3. 4.5 Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to 64 #13-6040 Doral Circle WaterlWastewater/Stormwater Repair fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.10 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. 4.11 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. 65 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 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 association with a contract. 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 66 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project 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. 67 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding 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; 68 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent 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 69 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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. 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 70 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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. 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 71 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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. 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. 72 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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. 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 73 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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 Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor'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.qov/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 74 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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 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 75 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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 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, 76 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the 77 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 78 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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. 79 #13-6040 Doral Circle WaterlWastewater/Stormwater Repair 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 correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the 80 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice 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 81 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.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. 82 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If 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 83 #13-6040 Doral Circle WaterNVastewater/Stormwater Repair 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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; 84 #13-6040 Doral Circle Watedwastewater/Stormwater Repair 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design. Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY 85 #13-6040 Dora!Circle Water/Wastewater/Stormwater Repair For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In 86 #13-6040 Doral Circle Water/VVastewater/Stormwater Repair 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. 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. 87 #13-6040 Dora!Circle Water/Wastewater/Stormwater Repair 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 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. 88 #13-6040 Doral Circle Water/VVastewater/Stormwater Repair 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 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 89 #13-6040 Doral Circle Water/Wastewater/Storrnwater Repair 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. 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) 90 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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. 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 91 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair 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. 92 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 1. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling and Microsoft Project; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. 3. All engineering site plans and drawings referencing a specific geographic area must be submitted in an AutoCad 14 or later format drawn in the Florida State Plane East (US Feet) Coordinate System. The drawings should either reference specific established Survey monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or be derived from the RTK(Real-Time Kinematic) GPS Network as provided by the Collier County Transportation Division. 4. Other supporting documents may found at: http://bid.colliergov.net/bid/ 93 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.netlbid/ and titled: Specs and Project Description - 13-6040 Doral Circle Water Wastewater Stormwater Repair 94 #13-6040 Doral Circle WaterNVastewater/Stormwater Repair EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ 95 #13-6040 Doral Circle WaterlWastewater/Stormwater Repair EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid.colliergov.net/bid/ 96 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Construction Plans - 13-6040 Doral Circle Water Wastewater Stormwater Repair Electrical Plans - 13-6040 Doral Circle Water Wastewater Stormwater Repair 97 #13-6040 Doral Circle Water/Wastewater/Stormwater Repair EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Rod Bubar Construction Superintendent Frank Gibson Project Manager 98 #13-6040 Dora!Circle Water/Wastewater/Stormwater Repair