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Backup Documents 01/27/2009 Item #16B 2 160 2 MEMORANDUM Date: February 23,2009 To: Rhonda Cummings, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #09-5121: Fiber Optic Installation, Maintenance and Repair Contractor: Aztek Communications of South Florida, Inc. Enclosed is one original contract, referenced above (Agenda Item #16B2), approved by the Board of County Commissioners on Tuesday, January 27, 2009. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (I) REQUEST FOR LEGAL SERVICES 16 B ~2, , ,mk/'f!( " DATE ~ECElv.",,'f(!I'/" .~(' fJ./:. \?:. '. r"'>~.!I-'1 '1/"..., ,iF A?'">' ," 'r-I C db (1- ~ vV <,77/,-.'''/\1[:1. ~ 1.78/7 - 12- l..--- ~ +- PI! J: /2 J)ll; v-V' tvv-.. h-e-i; J-t> a L c-, &J7-1,)11)1 'SCD +\- \~~ J)~-LlI1 ITEM NO.: f.J1- 'f1:?-c.,. OliOS FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: February 9, 2009 To: County Attorney's Office Attention: Jeff Klatzkow From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #09-5121 "Annual Contract for Fiber Optic Installation, Maintenance and Repair" Contractor: Aztek Communications of South Florida, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on January 27, 2009, Agenda Item 16.B.2 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, this is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Sheila Convery, Traffic Ops. RLS# 07-1121':- /')IIOK CHECKLIST FOR REVIEWING CONTRACTS 16 8 2 Entity Name: A.z T~K f'!?J.1IAII^JieArto/Jc' nF S~U7?l~~"-IWr, we., Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (Bee)? Commercial General Liability General Aggregate Required $_____. Products/Compl/Op Required $________. Personal & Advert Required $ ______ Each Occurrence Required $ _~__~~J ~ Fire/Prop Damage Required $______ Aatomobile Liability Bodily Inj & Prop Required $ ?!v',ll-__ Provided $~"'- Workers Compensation Each accident Required $ .\ .I.i\.lbc Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ __L_~l_~ Aggregate Provided $ ~~____ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ __ Per Aggregate Required $ Other Insurance Each Occur Type __ Required $__ County required to be named as additional insured? County named as additional insured? Entity name correct on contract? Entity registered with FI, Sec. of State? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Provided $ '7. I\A (l- Provided $ \ I, Provided $_LM-l.l",.___ Provided $ ~,______ Provided $ _~~~:"Iot'~__ Provided $...L..MJ..b.. Provided $ ___\_~__ Provided $ l ( Provided $ Provided $ Performance Bond Bond requirement referenced in contract? ~ If attached, expiration date ofbond _____~ L-_____ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: ___ Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? ....__~fL ....L. Yes __~__Yes _1L'_ Yes v" Yes VYes No No Yes n\.____ . //Yes No No No No .vYes \.,/'Yes Exp. Date*! oq_ Exp.Date_j__ [:~ g::: ~~~ . ~-- Exp Date . '*1-IQ'7 0IlS!09 .-1- .. Exp Date Exp Date Exp Date Exp Date. Exp Date V Yes ,,{ rs-/o<( t' No Exp. Date Exp. Date Provlded $ \/,Yes .\.L".Yes ___ Exp Date___ No No V Yes Yes No VNo Yes _.\LNo Yes Yes No No \L' Yes .l/Yes _v/,Yes ~Yes No No No No No No No _~Yes No Reviewer Initials. ~1Lt Date: ~-;:57f!lf!J 04-COA-ofo3 /222 168 2 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: February 9, 2009 RE: Review of Insurance for Contract: #09-5121 "Annual Contract for Fiber Optic Installation, Maintenance and Repair" Contractor: Aztek Communications of South Florida, Inc. This Contract was approved by the BCC on January 27, 2009; Agenda Item 16.B.2 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC DATE RECEIVED FEB 1 0 2009 RISK ~ GEMENTj' f'l I1r I) '1 ,) t." /1'-<.'(1:: ;"" I j /1 / . ~7 ~~1/' I C: Sheila Convery, Traffic Ops. www.sunbiz.org - Department of State 16 Sage Il2 Home Contact Us E-Filing Services Document Searches Forms Help prevjQ.Y~_ on List fII~1!.I..on I.i~t RJ1l!!rnI.9_l.jst Events Name History Entity Name Search Detail by Entity Name Florida Profit Corporation AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC. Filing Information Document Number P99000074134 FEI Number 593594601 Date Filed 08/13/1999 State FL Status ACTIVE I.ast Event AMENDMENT Event Date Filed 06/21/2007 Event Effective Date NONE Principal Address 4730 ENTERPRISE AVE. SU ITE 308 NAPLES FL 34104 Changed 01/30/2008 Mailing Address 4730 ENTERPRISE AVE. SU ITE 308 NAPLES FL 34104 Changed 01130/2008 Registered Agent Name & Address GOEDE, JOHN C ESQ 9915 TAMIAMI TR N BLDG 1 NAPLES FL 34108 US Name Changed: 06/21/2007 Address Changed: 06/21/2007 Officer/Director Detail Name & Address Title PD LEEDS. MICHAEL 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Title VPSD RENOSIS, JOHN http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~docnumber=P99000074I...1/29/2009 www.sunbiz.org - Department of State 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Title PO BECKMAN, TIMOTHY 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Title VPD POTRATZ, MATTHEW 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Title TO POTRATZ, ROGER 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Annual Reports Report Year Filed Date 2006 0112512006 2007 0111612007 2008 0113012008 Document Images 01/3QL~Q08 - ANNJ,18L REf'ORT Q61211<.0_0] -- AmendnWnt Q6iQInQ07" Merger 0610712007,=-AmeDdment 05.13012007 -- Rea. Agent Change ill115/2Q07 -- ANNUAL REPORT 01125120Qj3" ANNUAL REPORT 1212~I2QQ5 -- Name_change 011271200_5 --ANI\iUAL REPORT 01/2012004" AN NUAJ__EEPORT 0112112003 -,BE.lNSTATEMEJ'II 0112912001 -,ANNUAL REPORT 0810212000 -- ANNUAL REPORT 0811~/1999= DOmestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I Note: This is not official record. See documents if question or conflict. I _e:vent~ Narn~_Historv Previous_On Li.st Ne~t Q!1JJst Rel.Y.rn To List Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. 16PEfe202 Entity Name Search http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=P990000741...1/29/2009 168 2 06/07/2007 15:10 239-2540709 Division of CorporatioDs cox & NICI Electronic Filing Cover Sheet Note: Plelllle print this page and use it as a cover sheet. Type the fax audit .number (shown below) on the top and bottom of all pages of the document. (((H07000152430 3))) 111111111111111111111111111111111111111111111111111I1111111111111111111111111111111111111111111 ~OOO'l S24303ABCW Note: DO NOT hit the REFRESH/RELOAD button on yOllf browser from this page. Doing so will generate another cover sheet. From: Account Name "Account 'Number Phone Fa" Number cox . NICI 120000"00022, (;239) .54-0706 (2:J9)25~-0709 Af/rt: (J,€hkfl' fk~ r-~ C- 1>'-" c::: :xr."1 :z:: ,. -, "T1 1> I ("I":;:r.) -' r ~-< . mo -0 f'Tl '"-n"'"l" :x Cl r-V) W 0--1 .. 22~ ~m CD To: Division of Corporations Fax Numb~r ~e&8'~Oli g30~O ~-2-Ij~.(,d COR AMNDIRESTATE/CORRECT OR OlD RESIGN AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC. Certificate of Status II 1 I ICertified Copy II 1 I .(Jf] Page Count IEstimated Charge II $52.50 I Electronic Filing Menu Corporate Filing Menu Help ; I ! https:/ letHe. sun bi7..orglscriptsletilc~vr.exe 61712007 168 2 06/07/2007 15:10 239-2540709 COX & NICI PAGE 03 ARTICLES OF AMENDMENT TOTHE ARTICLES OF INCORPORATION OF AZTEK COMMUNICATIONS OF SOUTH FLORIDA, JNc. THE UNDERSIGNED, as the Officers and Directors of the Corporation, fonned under the Florida Business Corporation Act, adopts the following amendments to the Articles of Incorporation in accordance with Section 607.1006 ofthe Florida Statutes: ARTICLE 1: NAME The name of the Corporation that has been issued Florida document number P99000074134 (the "Corporation") is: Aztek Communications of South Florida. IllC. ARTICLE II: PURPOSE The Corporation has been formed to engage in any activity or business and perform all of the powers and privileges granted to Corporations under the laws ofthe State of Florida in accordance with Section 607 of the Florida Statutes. ARTICLE ill: STOCK The aggregate number of shares that the Corporation is authorized to issue is TWO THOUSAND (2,000) shares of common stock, and the par value of each such share shal1 be ONE DOLLAE ($] .00). Par value shall have no cffcet on thc Corporation's capital Slnlcture. ARTICLE IV: CAPITAL CONTRIBUTJON Thc Corporation commenced with a capital of no less than 011e Hundred dollars ($100) in 1999. J\RTlCLE V: TERM ~C/.l 0 r-~ -.. The Corporation shall exist perpetually. x: ^' c.... .:I:fT1 S; >-1 - ~::> I ." ARTICLE Vl: REGISTERED AGENT g:\~ ...., r [no .." J'T1 . The street address oflhe initial registered office of the Corporation and the na93mth?= 0 Corporation's initial registered agent at such address is:. 0- <a ;:0 :P -...... - ~rn CD .Iames R. Niei. Esq. c/o Cox & Nici 1185 Immoka1e~ Road. Suite 110 Naplcs, Florida 34110 06/07/2667 15:16 239-2540709 COX & NICI 16a 2 PAGE 04 ARTICLE VII: ADDRESS The principal place of business, office or mailing address of the Corporation is: 1455 Railllead Blvd., Suite 9 Naples, Florida 34110 Any other places of business in the State of Florida, or any other State, shall be detcrmined by the Board of Directors. ARTICLE VIII: DIRECTORS The number of Directors constituting the Board of Directors of the Corporation is five (5). The number of Directors may be either increased or doorea...ed from lime to time as provided in the Bylaws, bllt shan never be less than one (1). The name and address of the persons to serve as l)irectors of the Corporation until the ncxt lIIllIual meeting of the Shareholders of the Corporation, OT until one or more successors have been elccted and quality. are as follows: Michael Leeds, Director 1455 Railllead Blvd., Suite 9 Naples, Florida 34110 John Renosis, Director 1455 Railhead Blvd., Suite 9 Naples, Florida 34110 -it/> <:> l>m ...... '-0 '--1 <- l>~- c:: :J:rn :z: l>~ 0] l> I V'::AJ -' r f./) . m~ ITI me ~ -" "1 X 0 ,-f./) ca 0-' ;0::>- --i Om 0)' l> Timothy Beckman, Director 1455 Railhead Blvd., Suite 9 Naples, Florida 34110 Roger Portratz, Dircctor 1455 Railhead Blvd., Suite 9 Naples, Florida 34110 Matthew Portratz, Director 1455 Railhead Blvd., Suite 9 Naples, Florida 3411 0 ARTlCLEIX:O~CERS The names oflhe following persons were elected to the offices orthe Corporation by the Board of Directors as set forth opposite their names below to servc in such capacities until their respective sllccessors shall have been duly elected and shall have qualified Michael Leeds Timothy Bec.kman Matthew Portratz John Renosis Roger PortraIt; Co-President Co-President Vicc President Vice President/Secretary Treasurer .~ . ~6/~7/2~~7 15:1~ 239-254~7~9 COX & NICI 16 &AGE ~ ARTICLE X: SHAREHOLDER STATEMENT t The Shareholders have approved the amendment to the Articles of Incorporation and the number of votes cast to approve the amendment by the Shareholders was sufficient enough for approval to tile the Articles of Amcndment to the Articlcs of Organi7-atioll. The Sharcholders have authorized. empowered and directed the Board of-.tl;ecton; to fi Ie these Articles of Amendment to the Articles ofIncorporation effective as of ri \ \Lt ~ 2007. .A!~P' <<~ 1(-- Michael .eds. Director 1 ! ;:c.~ 0 ,rr. ...... r-f:?, '- l>fr- c:: ::c ' z )1>>-' " ~~, I U'> ~- ..... r m-< fT1 mo ." . -r1 ::J:: 0 -" rV> ."" 0-' ::01> --< ~m. CD ,06/07/2007 15:10 239-2540709 COX & NICI 16p(L 0/. CERTIFICATE OF DESIGNATION OF REGISTERED AGENT/REGISTERED OFfiCE , I. The name of the Corporation is: Aztek Communications Of South Florida, Inc. 2. The name and address of the registered agent and office is: James R. Nici, Esq. c/o Cox & Nici 1185 Immokalee Road, Suite 110 Naples, Florida 34110 Having been named as registered agent and to accept service of process for the above-stated Corporation at the place designated in this certilicate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties. and I am familiar with and accept the obligations of my position as registered agent. Dated effective as of MII'll" . 2007. -lU) , c )>>om -01 'c") r- -J L. l>~ c:: :J:r." :z: )aIo~ I "TI U':~_ - ~-< ....... r mo ""t:I fTI ;,-r; :x 0 ,U', ca 0-< ::ol> --. 0"" <Xl ".. , 16B.-u2 A G R E E MEN T 09-5121 for Annual Contract for Fiber Optic Installation. Maintenance and Repair THIS AGREEMENT is made and entered into this 27th day of January, 2009, by and between the Board of County Cornmissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Aztek Communications of South Florida, Inc., authorized to do business in the State of Florida, whose business address is 4730 Enterprise Avenue, Suite 308, Naples, FL 34104 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one year (1) year period, cornmencing upon award of the contract, and terminating one year from date of award, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreernent for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement terrn not less than ten (10) days prior to the end of the Agreement terrn then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Fiber Optic Installation. Maintenance and Repair on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5121 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Work Order, the Owner shall provide a sumrnary of Work to be performed to all awarded Contractors who will have the opportunity to submit a formal quotation for the Work with the exception of emergency work. The Contractors shall respond with the information sought within seven (7) working days. The award will be given to the lowest, qualified and responsive Contractor. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payrnent will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Page -1- 168 2 Government Prornpt Payment Act". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Departrnent, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Aztek Communications of South Florida, Inc. 4730 Enterprise Avenue, Suite 308, Naples, FL 34104 239-659-0017 Telephone 239-659-0018 Fax Michael L. Leeds, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Departrnent 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-732-0844 The Contractor and the County rnay change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreernent must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for perrnits issued by Collier County, but 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. 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. 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or rnunicipal ordinance, rule, order or regulation, Page -2- 168 2 - or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deern any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement irnmediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Darnage Liability. This shall include Prernises and Operations; Independent contractors; Products and Cornpleted Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have rnlnlmum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all ernployees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Cornprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreernent. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors cornply with the same insurance requirements that he is required to rneet. The sarne Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees frorn any and all liabilities, damages, losses and costs, including, but not limited to, Page -3- 160 2 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 frorn the sole negligence of Collier County. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor rnust provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the forrn attached hereto as Exhibit "C". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner 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 rnay be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to rnake payment properly to subcontractors or for labor, materials or equiprnent; (d) reasonable doubt that the Work can be cornpleted for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Tirne; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or rernoved, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. Page -4- 168 2 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. 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 commencernent 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. C. No interruption, interference, inefficiency, suspension or delay in the commencernent or progress of the Work from any cause whatever, including those for which Owner rnay be responsible, in whole or in part, shall relieve Contractor of his 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. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Prornptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or tirne 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 rnade 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 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. A Change Order in the forrn attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perforrn changes authorized by duly executed Change Orders. The Contract Amount and Contract Tirne shall be adjusted in the Change order in the manner as Owner and Contractor shall rnutually agree. 18. COMPLIANCE WITH LAWS. 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, workers' compensation, equal employment and safety (including, but not lirnited to, the Trench Safety Act, Chapter 553, Page -5- 168 2 Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assurne toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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 frorn 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 Docurnents. If, within one (1) year after final 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. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of perforrning their employment duties. The County may require the Contractor to remove an employee it deerns careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner. 24. PROTECTION OF WORK. Page -6- 168 2 A. Contractor shall fully protect the Work frorn loss or damage and shall bear the cost of any such loss or damage until final payrnent has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted frorn any arnounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any rnanner 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall imrnediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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 docurnent 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially cornplete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons there for. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Cornpletion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending Page -7- 16a 2 that on the basis of his observations and inspections, and the Contractor's certification that the Work has been cornpleted in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencernent Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work perforrned by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified tirne period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deerned to be substantially completed on the date the Owner issues a Certificate of Substantial Cornpletion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek 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 complete the Work in a tirnely rnanner. 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 frorn the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Traffic Operations Department. Page -8- 168 2 29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No.09-5121 , any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm frorn contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm frorn doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. imrnediate termination of any contract held by the individual and/or firrn for cause. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32. SALES TAX. 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. 33. IMMIGRATION LAW COMPLIANCE: 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 irnrnediately. 34. 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. 35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page -9- 168 2 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST. - ", 1(( <. . '.. 6 DWi9~E..B~~.' ;.c. '.I.erkO.f. O...9~rts B; lt1ifftL>[h~. ':~ D'ledru;,~c{ I~~ AtttI\." ~it:'Ui , It",.tlIre OI.. J~ ~~~_. BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA -' By: ~ d~~ Fiala, Chairman - Aztek Communications of South Florida, Inc. Contractor By: ALt1 c'7' ok2~ S'gnature /J1dj,c;~O/ ~. ;: ",,,,,,de; Typed Signature ;0 /'~ < /;jgn ,---- , Title Second Witness {fr~ !lIrli 12 Type Prin Witness Name Page -10- 169 2 EXHIBIT A PUBLIC PAYMENT BOND ... - Bond No. Contract No. 09-5121 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly rnakes payment to all c1airnants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, rnaterials 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 rernains in full fo rce. Any changes in or under the Contract and cornpliance 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 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -11- Signed, sealed and delivered in the presence of: 16a 2 PRINCIPAL: By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of ,u cl corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20_, by_ (Signature of Notary) Name: (legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -12- 168 2 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- 168 2 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 09-5121 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) 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 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- 16a 2 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 20_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by ,as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 168 2 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- 168 2 EXHIBIT B 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 20_ for the period from to (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) 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 [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, 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.: Page-17- 168 2 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No. 09-5121 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE 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; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (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: Page -18- (Signature) DATE: (Type Name and Title) 168 2 EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 09-5121 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following changers) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now <-.l calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- 16B 2 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'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 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 contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of iterns 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 iterns in the tentative list shall be cornpleted or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -20- 168 2 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20 OWNER By: Type Narne and Title Page -21- 168 2 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 168 2 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page -23- 168 2 EXHIBIT G WARRANTY In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work perforrned pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year frorn the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- 16a 2 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I OA TE (MMlDDIYYYY) 2/4'2009 f'RODUCER phone: 239-926-5622 Fax: 239-936~e28B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance -Fort Myers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 248 Red Cedar Suite 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Myers FL 33907 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: T"'....hnoloov Ins Comnal1V ,J'J;J.-7/" Aztek Communications of So. FL INSURERS: r..eneral Ins. Co of Am"'rica 1'1-'77,2- 4730 Enterprise Ave. , #308 Naples FL 34104 INSURER c: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ll~:: Iu~r:;; POLlCYNUMBER POUCY EFFECTIVE P2~!fJrit~~~N LIMITS B ~NERA1..1..1A611..1TY 24CC1839842 7/15/2008 7/15/2009 EACH OCCURRENCE 11 000 000 1'-- O~ERGIAI.. GENi:RAL I..lAB1UTY I ~~~~s EaoCC\lrence\ '200 000 - CLAIMS MADe IiJ OCCUR MED EXP (Anyone pllf5oo\ 110 000 - PERSONAL &ADV INJURY $I 000 000 - GENERAL AGGREGATE , 2 000 000 ~'lAGG~n ~JMIT APnSPER: PRODUCTS - COMP/OP AC3C3 SO 000 000 POLICY ~~g lOC ~TDMOBILELlABlLlTY COMBINED SINGLE LIMIT $ - ANY AUTO (Eallccldant) - ALLOWNEDAUTOS BODILY INJURY (Pllrpllf'50n) $ - SCHEOULEDAlJTOS - HIRED AUTOS BODILYINJU~V (PeraccTdent) , - NON-OWNED AUTOS - PROPERTY DAMAGE , (Pers(X:ldent) ~GE"ABlLITY AUTO ONLY - EAACCIDENT , ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ :=]ESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE I I =1 DEDUCTIBLE I RETENTION . , A WORKERS COMPENSATION AND TWC3168891 7/15/2008 7/15/2009 X WGSTATlJ...1 IOJb'- EMPLOYERS. LIABilITY 000 oon Atf( PROPRIETORJPARTNERlEXECUTlVE E.l. EACH ACCIDENT 11 OFFICERlMEt.lBER EXCLUDED? E.!... DISEASE~ EA EMPLOYEE 11 000 000 ~PEtl~L~~O~S~ONS below E.!... DISEASE-POLICY LIMIT I' 000 noo OTHER DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES I EXCLUSIONS ADDED BV ENDORSEMENT I SPECIAL PROVISIONS ~e: Contract ~09-5~21, "Annual Contract for p'iber Optic Installation, Maintenance & Repair". Certificate holder is pamed as additional insured. Collier County Government 3301 E. Tamiami Trail Naples FL 34112 CANCEUATION10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE &XPlRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTIC& TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIV ACORD 25 (2001/08) 16a 2 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE1MMJODlYYYYj 2/17/2009 PRODUCER phone: 239-926-5622 Fax: 239-936-8288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance -Fort Myers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 248 Red Cedar Suite 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Myers FL 33907 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Technoloav Ins Companv i.D. T'/ L Aztek Communications of So. FL INSURER 6: General Ins. Co of America 7'/-732- 4730 Enterprise Ave. , #308 ~Y~ERC:Safeco,_ Naples FL 34104 INSURER 0: .- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR orHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HSREIN IS SUBJECT TO 1>.1,L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IHSRiA-DD' -. , ."- PR}..j.CY EFFECTIVE P~r!fYEXPIRATION To';,i.;;, POLICY NUMBER LIMITS B ~NERAL LIABILITY 24CC1839842 7/15/2008 7/15/2009 EACH OCCURRENCE n 000.000 X COMMERCIAL GENERAL LIABILITY PREMISES iEa occuranca) _'200.000 ~ Cl..J\IMS MADE ,--. I - lK._' OCCUR i , ~Q.,~_XP (Any ona person) '10 000 --- I ~~~9NAl & ADV INJURY ShOOO 000 I GENERAL AGGREGATE . 2 000 000 I -il'~ AGG~EnE LIMIT APnS PER: ~~l:'~TS_: ~O~P/O,P AG.9_ I-'-bQQ 0 000 X POliCY ~~-,: lS">C I I i , i-I _A~OMOBILE LIABILITY , I COMBINED SINGLE LIMIT . ANY AUTO (Eaaccidenl) - - .^-- ALL OWNED AUTOS I BODILY INJURY I (p..rperson) . SCHEDULEDAUT05 F , -- ^. HIRED AUTOS I i BODILY INJURY I (pflracci<lem) S NON-OWNED AUTOS .--- , PROPERTY DAMAGE I (Oeraccldenl) . , , ~~GELIABlLlTY AUTO ONLY - EAACCIDENT S ANY AUTO OTHER THAN EAACC . AUTO ONLY' AGG . C t5~SSIUMBRELLA L1AEIUTY TBD '2/17/2009 7/15/2009 I EACH Og~':lRRENCE '1.000 000 X OCCUR D CLAIMS MADE AG9REGATE 51...._000 000 __m__ ----~. . :=1 DEDUCTIBLE --=-1' i REI ENTION S , Is A I WORKERS COMPENSATION AND ITWC3168891 7/15/2008 7/15/2009 I T";!,%,~TAT}{:c: Ix IOJ~- ^.- EMPLOYERS' LIABILITY ! ANY PROPRIETORlPARTNERJEXECU,IVE I EL EACf-IACCIDENT n 000 000 OFFICER/MEMBER EXCLUDED? ~~:_D_I~E:.A:SE - EAEMPLOYEE S 1. OOO~J)Q~ Ifyes,describeund6r ! SPECiAL PROVISIONS below I E,l. OISEASE - POLICY LIMIT '1. 000 000 OTHER i I , DESCRIPTION OF OPERATIONS I LOCATIONS I VEH ICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS OMMUNICATION WIRING e, Contract #09-5121, "Anr.ual Contract for Fiber Optic Installation, Maintenance & Repair". Cert if icate holder is named as addi tional insured. CERTIFICATE HOLDER collier County Government 3301 E. Tamiami Trail Naples FL 34112 CANCELLATION10 SHOULD ANY OF THE ABOVE DESCRI9ED POLICIES BE CANCELLED BEFORE THE EXPIRATTON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT ~AILUR~ TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT A TIV ACORD 25 (2001/08) 16a 2 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED. the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pOlicies listed thereon. ACORD 25 (2001/08) ! I I I 1 1 I ~_...._""V'" . ACORD 25 (20011081 QF ~co/h." CEIUIFICATE OF LIABILITY INSURA~ B ~ DAT~2~~~;~~IVY) I I P~ODUCER G & P Insu,onoo. Ine --- -~----- -... T'- ;:'~!;;~C!,.~!I~~.~!..!~ ~~~~s ~.~!:':!~ ~~.!'~~M~~ION1 I I VI'lIl.' ""..UiYUrlrCM;;:JI'lV ru\>nl;:)ut""VN InE:l.ot:l"(IIt-It,;Alt: I 4930 Golden Gate Pkwy HOLDI:::R. THIS CERTl~IC.r..T~ DO~S NO-T .4.U);ND... J;XTI:r.ln no , 1 Naples. FL 34116 1_ ALTER THE COV~A.qEIIFFO-RD~DBYTHEPQ:LI9jEsil_~___1 1_ Phone (239)3S_~-3S~_._.~'239)35J:04J2_. ..-.J INSURERS AFFORDINGCOVERAGJ':.___________.....I NAIC # I II~YR~g A7i...1.- t".....__"..:.......:........ At c...,.I~ t='1...:..l... l...~ ! 'NSURERA,;nA.'tl9.t8teu___~_ .. m_._,_,~=-~-'-'--l I ~';;~'~~~;~~~~;~;'~3~;~~;u,,,, ',-"YO ''''-. ;-'~S~R.E~"B.:_,,_ ___....~_ ,._.____,._~ .=:~.._-=:J] I ~......l__ et ""....n.. i INSURF.RC; .._._______... ',,_._____. I '~(:J""o;;", r L J..lU<t- :.JNSURE~,q;_.___..___m____ .________ I.___~~=~-~-i 1- .__i_.n ______. _ IINSURe~e, _ .__________ ______L_ .____.1 COVERAGES .... ..... . tlNSURERF . . . .. I '.. . -.. .----1 ,-THE pOLicIES OF INSURANCE 'LISTEO-HAVE'iiE-EN iSSUEO TOTHE INSUFteO NAMEO"ASOVE FOR THE POLlCYPEfllO01NDICATED." NOTWITl'lSTANDING-----i I AX';' REOUlREMl!NT. TERM O~ CQNDiliQi.w OF Ai..-'i' CONTRAC7 0" Oi'r;E" iJOCUi\Il-.tNT wITH RE;SPl;CT -.f 0 WHICk THIS CER'fif.icA TE MAYBE ISSUED OR: 1 M...AY PERTAIN.. TH. E INSURANCE AFFORDED BY THE 1'.OlleIES DES...C.. R. IBE.. 0 HE:R~ltd IS SIJ$JIiCT TO.At!.. T~E TERM;, EXC..'.US!ONS.'....ND CONDITIONe Of. ~:':Ct: :1' ~..-_P9.!:!.~~B~GATElIMIT$SHOWNMAYHAVEel:~~y9.~OBY.~-AIDClAIMS. m~_' _,___,___.___ , , , IINSRIADD'r.1 _ I IpOllCYEFFECnVEI POllCYI2XpiR'A.TJON',-- --- ~-------,- ..--'----'1 (J:'~TIJ'..l..-~D-rGENER::~,::,:~~~t.l.'...E I PC?~!CY NUMBER_l~6'!!:'{~~!!?!:J~X'(.}_1 nAT!:! (MM!!)~"NI IE;iCH OCCiJRR"i'NCiM1!g --1---- -I I I IOCOMMERCIA1.GeNeRALlIASllITY I I I 1~~~I'J'9.:~.NI~D 1---------1 1"1 '1 1 I I ".~~"o. 10" oecu,'l!)co) ---1-- . I nrl 11 MJ;"n ~~D fAftUN\a ....._......~ , l 0 l;:;"-' CLAti~):;MAOi;; LJ OCCUR I I 1"~~i~s~'~;l'~~~:ii0~~~~~ --I _____mm...__.1 I I;:-~ ------ I I I Iri"N.RAbAGGo:EG;;T'-- 1------- I 1 ..1 1~,,~~~;R~';;~'Pa:~~~ERI 1 I I-"AQO-"?!$~CQM~~~I--_~=:=~I 1- 1---1 d;~~e~~~~'AalL'TY ~--l~~~:;~:~;~ ---T09/22/;-l 09/22;~~- - r~~~1~~C"~Le UM,r [-$2,000,0001 I I 10 AlLOWNEDAuros I 1 I I""n'>v'""-:~' ---I' ----1 I A I ~ I!=! Sc:~eDUleD AUTOS I I 1 I ;P-;'~-"':'-;;;L'_~~_ u__I___ . . I I I )~ ~-V'~DU-,,~,~:O"USii.U.-,U-~ I I I I BODilY INJURY I ....____1 I I U......" ~ ~ I I I ! (P'~~~.:ldenll______..I_ 1 1 1 :~------ 1 I I i P_AOPEATYDAMAGEI--- I I +--lLJ:~_ ~~:-:==-_:-________+___I__n____I____I_ (p,~~,:I~en~l-:. ru ,,--1-----.---1 I I n I r;.."~/o\~~~~I~~~ln I I! 1.,,~LlI Ul!~:.r.:_-_=_~~ CJO~~.~ J- ______.__m I I 11.-1 1'-.) Ml'll MUIU I I OTHER THAN E~,~CC 1-. _______.1 in. A'~^u,~ II----JI EXC-~-~;'~~a:ReLLA L;ABit.i;---'--~I'. --I------.t-' -~~~.'6~6'~~,~~C~~G!L=::~-=:---- - :-1 I I 0 ccctJ~ 0 CLAIMS, MADE I AGG~~Gi\i~ I I o I I ----u---~--1 I 10 D.DUCTISLE I I -----.-- -1--- .1 I I 115 RETENTION' I I I n_____.. . ---1-- .---1 1'-....'1 WoRKERSCOM-PEN!iATION ANO-----I- ._._____'_.n --i-------j---. '-'-'-1n~\IC:' ~TATii~~T;:;j .--.--'--.....1 EMFi.vr""ERS; liABiLITY 1 I 1 ~_TJ~~i.)~jMjfs___,:":",EF(J__... I II II ANY f'RCFRl::!TC-~ i FARTt~ER j E>t,ECLo'TIVE I[ I 1 IE L EACH ACCiDENT i "-'-1 OFFICER/MEMB!::REXCLUDED? --;:-.-;::-::"~_~__ __ ___::-=-:--=-,-- ---,- I I ~~~~,~~s;:~b~.~I,"e~~..... ~_,__. ! I I !-~'~ ~:~~~~ --~:_~:.~I..~;~~l _.._....___1 In... I".... ...............- '~.....~~~~,v"..:,.uC",uw ___._____1__. I 11::.1. UI~C,I'l,:)r::; "/"'VLfl.f UMII 1 1 OTHER I' I-------'-..'''---.----~ . -----~ I I I I I 1 I I IOES'CRIPTION OF OPERATIONS II.OCA-tIONS I VeHiICLE;i';''EXC;LUSIOf.iS AOOE~ BY ENDO~gEft.;'EINT! !JPEG!Ab PRoJ'siONg-----'-- __1__. ---,---~ IRE: Contract # 09.5121 "Annual Gontrsc! For Fiber Oplic Installation. Maintenance and Reoair" 1 I . . I 1 i I 1 I .~__._ ___________u_.._________._ .__._____ .1 _C~"'ri~~A~E;;Oi.~~,~ ....__._ ,.____. CANCELLATION .-,-----... .-.-,-- l" SHOULD~~-T~EU~V; Dlis~~I~~n~';;;'I~lC.t.-;.c-~-~':;.,~I!~ 1 ~'" o-:-~~_;;..'::.-; I E)(~~ATION DATE THEREOF, THE I:SSUING INsuR-e-R ~WIt.~.ENDe~~~~T'o~M~,~m; I ruC~.uCE,T ~~~s.~.~~~!~~~~:~12 .~~EL ~:.R.:~~~~_T~~,~~~':~ ~!,~_E~.!~ I or;; L.r;;o- . en.', O-"""'Ul"\~ IV LlV;:tV ::JI"IAI. IMt'U:'>t". U.U.Sl.IGAT.ION OR LlA6tl.ITY OF ANY KINO UPON THE: INSURER. ITS AGENTS Ok, RIiPR!;.SoGNTATIVIiS:. 1-"UR!ORiZEDREPRI:;SeNTATlVE'~: . - --- .....--- 1\.....!.2~1.~ ..... _' __~L iZ~J:::;l~~tP.1.:9H ~ ~ V Collier County Gov.rnment Purchasing BuiidinlJ 3301 E raffiiami Ifaii "-I.....I_~ 1::'1 .....~"t') ..ot-'"...... .1 "1~ I 14 I r:'~"" ?-"'.'>_J:::.7nn - - - -----=-~--=----~~- I I i 1 i I U""'" I @Aco~n COk;::ORATjri~fi9jj8 . 1682 MEMORANDUM Date: September 1, 2009 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5121: "Annual Contract for Fiber Optic Installation, Maintenance & Repair" Contractor: Precision Contracting Services, Inc. Enclosed you will find an original contract document, referenced above, (Agenda Item #16B2) approved by the Board of County Commissioners on Tuesday, January 27, 2009. The second original will be held in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure DO NOT WRITE ABOVE THIS LINE J)v 8'11~ Joq DATE RECEIVED: I 6 B 2 <j7c~v Dj l,,~ 5 V-1Y1,'v-J ~~h /3~~. s~ /Irs/r'g ITEM NO.: 01- WL- 0\ ~OO FILE NO.: ROUTED TO: i.,) REQUEST FOR LEGAL SERVICES Date: August 6,2009 To: County Attorney's Office - '51<.., Attention: Jeff Klatzkow '!) From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #09-5121 "Annual Contract for Fiber Optic Installation, Maintenance and Repair" Contractor: Precision Contracting Services, Inc. BACKGROUND OF REQUEST: This item has not been previously submitted. //~) ,/~ This Contract was approved by the BCC on January 27, 20 Agenda Item 16.B.2 ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, this is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Sheila Convery, Traffic Ops. :1682 MEMORANDUM TO: Ray Carter Risk Management Department . FROM: Rhonda Cummings, FCCN, CPPB, Contract specialis~ Purchasing Department . . DATE: August 6, 2009 RE: Review of Insurance for Contract: #09-5121 "Annual Contract for Fiber Optic Installation, Maintenance and Repair" Contractor: Precision Contracting Services, Inc. This Contract was approved by the BCC on January 27, 2009; Agenda Item 16.B.2 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC C: Sheila Convery, Traffic Ops. DATE RECEIVED AUG 0 7 2009 RISK MANAG EN)' 1682 mausen_9 From: Sent: To: Cc: Subject: Raym ondCarter Monday, August 10, 2009 1 :35 PM CummingsRhonda DeLeon Diana; mausen_g; ConverySheila Contract 09-5121 "Annual Contract for Fiber Optic Installation, Maintenance and Repair" All, I have approved the Certificate of Insurance (COI) provided by Precision Contracting Services, Inc. for contract 09- 5121. The Contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~ Ca:Jr.t.eJr. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 '.vww.sunbiz.org - Department of State 1682 l Page 1 of3 Home Contact Us E-Filing Services Document Searches Forms Help pre"io_u~Qn List Next on List Return To List Entity Name Search I Submit I EVl!m!> No Name History Detail by Entity Name Florida Profit Corporation PRECISION CONTRACTING SERVICES, INC. Filing Information Document Number S12602 FEI/EIN Number 593057681 Date Filed 11/14/1990 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/16/2000 Event Effective Date NONE Principal Address 15834 GUILD COURT JUPITER FL 33478 US Changed 01/18/2009 Mailing Address 15834 GUILD COURT JUPITER FL 33478 US Changed 01/18/2009 Registered Agent Name & Address BOYD, CINDY 15834 GUILD COURT JUPITER FL 33478 US Name Changed: 04/11/1995 Address Changed: 01/18/2009 Officer/Director Detail Name & Address Title PO BOYD, CINDY S. 827 LITTLE HAMPTON LN. GOTHA FL 34734 Title 0 BOYD, BRUCE R. 18223 RIVER OAKS JUPITER FL 33458 http://www.sunbiz.org/scripts/cordet.exe?action=D ET FIL&inCL doc _ numbcr=S 12602&inq... 8/12/2009 'NWw.sunbiz.org - Department of State 1 6 B 2 Page 2 of 3 Title DCST BOYD, SARA L. 18223 RIVER OAKS JUPITER FL 33458 Title TREA HERBERT, SUELLEN TREASUR 15834 GUILD COURT JUPITER FL 33478 Title VP THEISS, MARK 15834 GUILD COURT JUPITER FL 33478 TitleVP HAWKINS, DONALD 15834 GUILD COURT JUPITER FL 33478 Annual Reports Report Year Filed Date 2007 01/25/2007 2008 01/07/2008 2009 01/18/2009 Document Images 01/18/2009 -:ANl\jUALREPQRT [ 01/07i2QOa -- ANNUAl..BJ:PORT [ 01/25/2001 -:l\NNlJALREPQRT [ Q1/16/2006--ANNUAL. REPQRT [ OJ/H:l/2005 -- ANNUALuREPORT [ 04/26/2004 -- AN!\JLJALR1=PORT [ 03/05/2003 --ANt'-JUAL REPQRT [ 02/18/2002 -- ANNUAi..REPQFU [ Q4/18/2001 -. ANNUAL.REPORT [ 10/16/2000 -:Alllondrnent [ 02122/2000 -- ANNUAL REPORT [ 04/14/1999--.L\NNUALREPQRT [ 05/28/1998 -. Qff/Dir ResinnatiQn [ 01/21/1998 -- ANNUALREPQRT [ 01/24/1997 -. ANNUALREPORT [ 04/23/1996 -- ANNUALREPQRT [ 04/11/1995 -. ANNUAL REYQRT [ View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] I Not~:_:!:~:..!_~ not official record. See d.?cu~e.nts if question or conflj~ Previous on List Next on List Return To List Entity Name Search http://www .sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _n umber=S 12602&inq... 8/12/2009 www.sunbiz.org - Department of State Event!;; No Name History i r-lorne I Contact us I '.;ed Ie h(~s F:lllnq Copy faJht and pn'-.iJC,/ PO!k'jC~S (if Fiorj,Jd, Uepd1tmt"nt ~~tdte, 1682 ! ;:'onns. f Help Page 3 of3 I I Submit I http://www.sunbiz.orglscri pts/cordet.exe?action=D ETFIL&inq~_ doc __ number=S 12602&inq... 8/12/2009 RLS# 09- fRC _ oJt>9 B 2 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: fRtt!,.s lOA,) rbV'f'/hk!l"I/J6r.s Ed VfC'i: 5) IIJ a., Entity name correct on contract? Entity registered with FL Sec. of State? ~Yes No ~Yes No ../' Yes No ~Yes No v Yes No ~Yes No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ 2- M \ L Products/CompI/Op Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Z M \ L,.. Provided $ Workers Compensation Each accident Required $ I ~ [ L Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ '1 Ml L Aggregate Provided $ L I Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: ~~ u. LL ZMll- l I Exp. Date ~ Exp. Date , , Exp_ Date ' \ Exp. Date ' I Exp. Date l . Provided $ Provided $ Provided $ Provided $ Provided $ I !\At I t I 5"'0) 00'1 , MlL Exp Date I{I f 7-t){l) 12./31 foq I 1 II i I Provided $ .(""oJ DDo Provided $ ~ . Provided $ , . Exp Date Exp Date Exp Date Exp Date \/ t 1"'l.()[O Exp Date f '1' ~es No Provided $ Provided $ Exp_ Date Exp. Date Required $~ Provided $ 50\ tflJl> Exp Date ~Il> No No County required to be named as additional insured? County named as additional insured? ~Yes V""'Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? Signatllre Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~Yes No Yes ~No Yes No - Yes No Yes No ~Yes No _\.-,C:V es No ~Yes - No tJlt\ ~Yes No ~Yes No ~Yes No ~Yes No --0es No ~ Reviewer Initials: t!- Dale: Slit! oq 04-COA-dl03 /222 Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Attachments Are all required attachments included? 1682 A G R E E MEN T 09-5121 for Annual Contract for Fiber Optic Installation. Maintenance and Repair THIS AGREEMENT is made and entered into this 27th day of January, 2009, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Precision Contracting Services, Inc., authorized to do business in the State of Florida, whose business address is 15834 Guild Court, Jupiter, FL 33478 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one year (1) year period, commencing upon award of contract, and terminating one year from date of award, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Fiber Optic Installation, Maintenance and Repair on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5121 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Work Order, the Owner shall provide a summary of Work to be performed to all awarded Contractors who will have the opportunity to submit a formal quotation for the Work with the exception of emergency work. The Contractors shall respond with the information sought within seven (7) working days. The award will be given to the lowest, qualified and responsive Contractor. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the Page -1- 1682 "Local Government Prompt Payment Act". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Precision Contracting Services, Inc. 15834 Guild Court, Jupiter, FL 33478 561-743-9737 Telephone 561-743-0775 Fax Sara L. Boyd, Secretary All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e~mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but 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. 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. 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. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, Page -2- 1682 or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: Th, C ntractor shall provide insurance as follows: V ~~ A. Commercial Ge eral Liabilit : Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed ope~ions and Contractual Liability. ,/' . t.-k~... B. Business Aut Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. /' C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in. compliance with the applicable state and :~al laws. The coverage must include Employers' Liability with a minimum limit of $1JY:f~ach accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an AdditioJHl1 Insured on the Comprehensive General Liability. V Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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, Page -3- 1682 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. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement er n _. Page -4- 1682 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. 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. C. 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 his 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. 17. CHANGES IN THE WORK. 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 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. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 18. COMPLIANCE WITH LAWS. 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, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Page -5- 1682 Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The CONTRACTOR shall employ people to work on COUNTY projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, CONTRACTOR shall supply competent employees who are physically capable of performing their employment duties. The COUNTY may require the CONTRACTOR to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner. 24. PROTECTION OF WORK. Page -6- 1682 A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Page -7- 1682 Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contracto~hereby expressly waives and relinquishes any right which it may have to seek characteriz~:'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 complete the Work in a timely manner. 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. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Traffic Operations Department. Page -8- 1682 29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid NO.09-5121 , any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32. SALES TAX. 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. 33. IMMIGRATION LAW COMPLIANCE: 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. 34. 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. 35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page -9- 1682 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock,y.har:k0.f Courts By: CUu..t~~(. Dated: ~<; ~};;~ . 4tttst (~e~:J~...r( j"l , I t.......'..~'i; Jl,\~) I" -Typetpfiilt'kWit es? Name ~- Ln '. ,'" A..t- . s~o Wit eS$' 11"~ Ucc~~r_ Type/Print Witness Name Approved as to form and legal su' ncy: BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA By: Precision Contracting Services, Inc. Cont~.lor _.... .~. By:. ~. l_.' . ( Og~ature,' , (jfL~ ~ ~ Signa R-~ derr-\- Title Page -10- Item # J(Qji '2,- ~:da J--;r- jty{ 1682 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYYYY) 4/22/2009 I PRODUCER (407)833-8998 FAX: (407)833-3909 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION tahl & Associates Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 605 Crescent Excecutive Court ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 112 Lake Mary FL 32746 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Ameri sure Insurance Co ll\~\(l Precision Contracting Services, Inc. INSURER s: Ameri sure Mutual Ins Co L~Jq(, 15834 Guild Court INSURER c: INSURER D: Jupiter FL 33478 INSURER E: CO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR "'DD'L Pa>k+i:~~U'g8~r Pg~!fl,~:'~~N LIMITS ""/".""I"dtt. TYPE OF INSURANCE POLICY NUMBER ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ OERCIAL GENERAL LIABILITY ~~~~~;r9E~;rg~~nce\ $ 50,000 A - CLAIMS MADE ~ OCCUR GL2026017030008 1/1/2009 1/1/2010 MED EXP IAnv one nerson\ $ 5,000 X Blanket Add'l Insds PERSONAL & ADV INJURY $ 1,000,000 - ~ Contractor Ext Endt GENERAl AGGREGATE $ 2,000,000 GEN'l AGGREGATE LIMIT AFlES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I rxl PRO- POLICY JECT LOC AUTOMOBILE LIABiliTY COMBINED SINGLE LIMIT \Jf 4..'Mlit..... - (Ea accident) $ 1,000,000 ~ ANY AUTO A ALL OWNED AUTOS CA2026011 1/1/2009 1/1/2010 BODILY INJURY - (Per person) $ - SCHEDULED AUTOS ~ HIRED AUTOS BODilY INJURY X (Per accident) $ - NON-QWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY "'Ar-...,..,Cr-"""E"r-'" $ 4,000,000 ~ OCCUR D CLAIMS MADE AGGREGATE $ 4,000,000 $ B ~ DEDUCTIBLE CU20260l8 1/1/2009 1/1/2010 --- $ RETENTION $ 0 -:;;7' I B WORKERS COMPENSATION AND X I T~flfMNs I Ol~- "'t-~ EMPLOYERS' LIABILITY , 500,000 ANY PROPRIETORlPAR'mERlEXECUTlVE E.L. EACH ACCIDENT $ OFACERiMEMBER EXClUDED? WC2026028 12/31/2008 12/31/2009 E.!.. DISEASE - EA EMPLOYEE $ 500,000 If yes. describe under 500,000 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ OTHER Contractors CPP20260l6 1/1/2009 1/1/2010 Rented/Leased: $50,000 B Equipment Deductible: $2,500 DESCRIPTION OF OPERA TlONS/LOCA TIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Contract 09-5l2ii:or Annual Contract for Fiber Optic Installation, Maintenance and Repair. Certificate holder is shown as additiona~ insured with regards to general liability per the blanket additional insured endorsement CG7048 0304 if required by written contract. / ./' /' / CERTIFICATE HOLDER I CANCELLATION Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE "'::'" -....-7"'~"7---:.:,.;;..~":':....-/"" Robert Bowles/DOOLEY -/~'=~k.........-~~__--- @ACORD CORPORATION 1988 ACORD 25 (2001/08) II\I~n?1\ m<1nD\ nQ..... P::ln"" 1 nf? EXHIBIT A PUBLIC PAYMENT BOND 1682 Bond No. Contract No. 09-5121 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -11- o"v_._~_.__~"_~~..,_,",._.~.~_____._.......,_..__,.'_~_""_~_"-,~--~_.,--"-~."._".,~,",",",."--,,,,,,,,"'-'-,,_,-",,,,-''''''-''''''''''''--''''~---,^ Signed, sealed and delivered in the presence of: PRINCIPAL: 1682 Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,as of corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- 1682 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 1682 Bond No. Contract No. 09-5121 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) 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 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- 1682 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, 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: Witnesses as to Pdncipal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by ,as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- ATTEST: SURETY: 1682 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20____, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- EXHIBIT B RELEASE AND AFFIDAVIT FORM 1682 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 its 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 20_ for the period from to (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) 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 [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page-17- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 1682 (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. 09-5121 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _ % after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE 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; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: 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: Page -18- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 1682 CHANGE ORDER NO. CONTRACT NO. 09-5121 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_ You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ~) calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- 1682 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'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 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 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. Page -20- 16 B 2 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: Type Name and Title Page -21- 1682 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To 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 finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- _~____."i______~"____~'_~_~"__'-'''''''_ 1682 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page -23- 1682 EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FI NAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- 1682 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYVYY) 4/22/2009 I PRODUCER (407)833-8998 FAX: (407)833-3909 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION tahl & Associates Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 605 Crescent Excecutive Court ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 112 Lake Mary FL 32746 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Amerisure Insurance Co Precision Contracting Services, Inc. INSURERB:Amerisure Mutual Ins Co 15834 Guild Court INSURER C: INSURER 0; Jupiter FL 33478 INSURER E: CO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I~~: ~o..~~ TYPE OF INSURANCE POLICY NUMBER ~k+~~~:'6g;Wr Pgk!fJ(~~~~N LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ~~~~U9_R~~~.~ neel $ 50,000 A I CLAIMS MADE 0 OCCUR GL2026D17030009 1/1/2009 1/1/2010 MED EXP IAnv one Dersonl $ 5,000 X B1anket Add'1 Insds PERSONAL & ADV INJURY $ 1,000,000 X Contractor Ext Endt GENERAL AGGREGA TE $ 2,000,000 n'L AGGRE@E LIMIT AnS PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X ~~i LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ~ ANY AUTO A ~ ALL OWNED AUTOS CA2026011 1/1/2009 1/1/2010 BODILY INJURY (Per person) $ - SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY ~ (Per accident) $ NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN FAACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY ,,"C CF $ 4,000,000 ~ OCCUR 0 CLAIMS MADE AGGREGATE $ 4,000,000 $ B M DEDUCTIBLE CU2026019 1/1/2009 1/1/2010 $ RETENTION $ 0 B WORKERS COMPENSATION AND X I WCSTATU-: I IOTH- TORY L1MIT5:: ER EMPLOYERS' UABILITY 500,000 ANY PROPRIETOR/PARlNER/EXECUTlVE E.L. EACH ACCIDENT $ OFFlCERlMEMBER EXCLUDED? WC2026029 12/31/2008 12/31/2009 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes. describe under EL DISEASE - POLICY LIMIT $ 500,000 SPECIAL PROVISIONS below OTHER Contractors cPP2026016 1/1/2009 1/1/2010 Rented/Leased: $50,000 B Equipment Deductible: $2,500 DESCRIPTION OF OPERA T10NS/LOCA TIONSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Contract 09-5121 for Annua1 Contract for Fiber Optic Insta11ation, Maintenance and Repair. Certificate ho1der is shown as additiona1 insured with regards to qenera1 1iabi1ity per the b1anket additiona1 insured endorsement CG7049 0304 if required by written contract. CERTIFICATE HOLDER I CANCELLATION Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ;~:H:;:E~:::~:;~A~~~EY <- -;22Z'~~L--=---- @ACORD CORPORATION 1988 ACORD 25 (2001/08) 1f\Ic:.n?1;, tn-tn~' na... P~n,:ll1nf?