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#13-6052 (CSJ of SWFL, Inc.)MAY 0 2 12313 rv4E� DISKiAh .91_1v.i. r � Coronado Canal & Gator Slough Canal Bridge Repairs COLLIER COUNTY BID NO. 13 -6052 COLLIER COUNTY, FLORIDA Brenda Brilhart, Procurement Strategist Email: BrendaBrilhart @colliergov.net Telephone: (239) 252 - 8446 FAX: (239) 252 - 6697 Design Professional: Stanley Consultants, Inc. Consultants, Inc. Pwdiasing Department- 3327 Tamiani Trail East • Naples, Florida 34112 -4901 • www.colllergov.neNpurchasing Coronado & Gator Bridge Repairs TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ................................................................................. .............................13 BIDSCHEDULE .......................................................................................... .............................14 MATERIAL MANUFACTURERS ................................................................. .............................15 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................16 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................17 TRENCHSAFETY ACT .............................................................................. .............................18 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................19 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................20 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ........................ .............................21 BIDBOND ................................................................................................... .............................25 BIDDERSCHECK LIST .............................................................................. .............................26 CONSTRUCTION AGREEMENT ................................................................ .............................27 . EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................34 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................37 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................40 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................44 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................45 EXHIBIT E: CHANGE ORDER .................................................................... .............................49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................51 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................53 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................54 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................84 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................85 EXHIBITK: PERMITS ................................................................................. .............................86 EXHIBIT L: STANDARD DETAILS ............................................................. .............................87 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................88 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............89 Coronado & Gator Bridge Repairs 2 PUBLIC NOTICE INVITATION TO BID Coronado Canal & Gator Slough Canal Bridge Repairs COUNTY BID NO. 13 -6052 Separate sealed bids for the construction of Coronado Canal & Gator Slough Canal Bridge Repairs, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 25th day of February 2013, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A pre -bid conference shall not be held for this solicitation. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Coronado Canal & Gator Slough Canal Bridge Repairs, Bid No. 13 -6052 and Bid Date of February 25, 2013. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net /bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Coronado & Gator Bridge Repairs 3 Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their'Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, Certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform' the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within ninety (90) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 24th day of January 2013. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director Coronado & Gator Bridge Repairs 4 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Coronado & Gator Bridge Repairs 5 Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of Coronado & Gator Bridge Repairs 6 the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 1 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested - in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: Coronado& Gator Bridge Repairs 7 a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed - for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing Coronado & Gator Bridge Repairs g for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at hftp: / /www.colliergov.net/Index.aspx ?page =762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (FI Stat 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq /search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the- document within the referenced timeframe, the County reserves the right to award to another firm. 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. Coronado & Gator Bridge Repairs 9 A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non - local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Coronado & Gator Bridge Repairs p Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax .savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2. The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall Coronado & Gator Bridge Repairs 1 identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other- item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm, for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(x) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Coronado & Gator Bridge Repairs 12 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Coronado Canal & Gator Slough Canal Bridge Repairs BID NO. 13 -6052 Full Name of Bidder CSC of SWFL, Inc. Main Business Address 15790 Chief Court, Suite 1A, Fort Myers, FL 33912 Place of Business 15790 Chief Court, Suite 1A, Fort Myers, FL 33912 Telephone No. 239 -437 -9555 Fax No. 239- 437 -9556 State Contractor's License # CGC1517790 State of Florida Certificate of Authority Document Number N/A Federal Tax Identification Number 05- 0559926 DUNS # 784303856 CC R# N/A Cage Code N/A To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. Coronado 8 Gator Bridge Repairs 13 BID SCHEDULE Coronado Canal & Gator Slough Canal Bridge Repairs Bid No. 13 -6052 Bid Schedule Provided in Separate File Coronado 8 Gator Bridge Repairs 14 !Z CU CD •L W f0 m N U LID CD ca � M O Mr N W L O Ca fC C U O C O O i fz t m m -r— to m L to � cU c m G N C1 f1 r r r r r r r r r r N N tt CC M 69 O U +O+ E W r I L OO O O N O O O O O r O O O O O M M M O O O N O M N CD M O U) r O CO It M r d' � CD It O N O CD N M �— r 64 LC) r M M C 63 �! 69 N 64 CD LO 00 d' CD 60- N r O r I- 69 r 6°} r EA Lf) r O Ll) O U) 69 69 69 69 64- 6F} 64 69 64 69 64 H O V ` d 'd' LO i� 1- N O O O O O O O O 69 O O 1` 64 O O O V* r O O O '-t r O O O 00 r O O O V) N O O g- O d' O O � N 64 O (? O M W- O O O O r O CD to 69 O O O � � L) N CD 64 1` Lf) r 69 1` LC) r 69 O Li) N N 64- O O O O r O O O O LC) O O O O N C N C 69 69 69 64 69 C6 C4 6% 6% D 6} 6c} O CD Cl O O O O M tf) d I- M V- O O 1` r r U") 1` O N O O O N r r N r CO r 00 O fA CD N r r co J cn J LL J >- u) z f- Z H L- U L- U >- U U- -J U 'i U W U- J U W U W 1- J LL J >- � U W O jL N 4) Q o U 06 p •L D O m N o U cu O f_ u c °' c� 2 CD r m _ �% m•= o— F cn in aLO U :E CD Q N > CU d 0- Q CD y., '� LLl CD cL C/) i.) O H a) U o c N Q > cc Q L a CO O N > cu a. Q Q Cn Q) m= m r :3 O -,e CO c o z CD Q m �'C'^L - O m O 0_0 U m � °- a m CU �O/ Lim 1 cu "a m CD E m O ` ~ m CU -a �O/ LL I fL 'a cu C7 _ E a) N Q C6 CD ` ° Q CD a m 1 f�6 m (D o E ��Q//i LL "a m C� `O E CD u Q M cu s Q -O W m 0 O CD �- m E m fU � o m ,/ ` m D 'co m C m .2 m > d U fi m o E a`) o .. cu -D m w c Y m a c > d U f�i m o E a`) �- E O O " L L .m a) v cu 0 Q m � m U- LL E w d a) O Q. U m E CD O �' U) O '- a) Q O r r E r LO O C14 LM O M LO r r r * M O r O CD CD 0 CD 0 M r r LU O O O N M M O O M M M M O r r co V. r r r M M M cf Cr' Lc or) Lc ). U) 0 Ln I LO I U) 1 � 1� ti 1 O I O r r r r r r r r r r N N tt CC M 69 O U +O+ E W r I L 00 t 00 Lfl Q1 t/F M Y (n O vv N m E W m F0- r- o o o o o o o o o rl o o N o Ln L N o m o o 1- M o M M N O M W LD O O M M O O M r-I I� -:T O O t D M 1, M N O M N I\ Ln N N N W W N —1 Ln -,t tD M Ln m N V)- W LD LD N O I� ry V1' V,- rf r. ri' N r-I N r-I' r-I r-I' V 00 t' N 06 tn• -L4 V} t/) ^ Ln N O U .-i O O O O O O O O O O O O r-I O Ln Ln O O O o Ln Ln O O u m O O O O O O O O O O O O Ln I, N O O Ln M m m Ln o •i O 01 O n O O O O In M O O 4 N Ln LD Ln O N M m m N O D- m Ln i/i O 'Ln Gt O 00 N tD O o N Ln iK -* m Ln r-I i/1• iR t4 N Q r-I r-I 00 ri N V). ri M L4 r-I Ln 00 t/)- t4 V1. O C I� m tr)- V�' N V/ - V)' in t N N N L6 D �/} �/? i/A i/� in• iA ri in r-I r-i O Ln O N 0) r-I O O I- Ln O Ln :T O r-I M I;r Ln 00 O O ri ri 00 rl Ln r-I r-I r-I d, N O 0000 O Om m •+�+ *' rr, m E m O CA C W C J J J } } z z } W W LL LL } LL U L.L. U U U U L.L LL LL } O1 Ln Ln F- U U U J J N J m J m m m m J J J Ln X W W W W W LL m U O m C O L O U Co M_ Ln lD m o Cl t° N V N GJ .L N L, O N � Qi C Ln 'O } 75 u Ql u _ -O "6 _ "6 -C r V, Q: � � L m L m L m Z ++ > Co m C C C NQ '� LL m � Ln Li Li E i'V r.. E T T to to L" m m ~ C `) _ N Y 00 OCA 0C.0 E ° E *' Lv v> U L u w m a s Y L`O CL CL c C C U d L N I` s � m M E a) w ` o U t U � m v u `" m .� - u m m o U aJ E N E Lu E C m cv v -° o` _o > aj m F m „ +� > 3 v io u u D_ m m m LL p N L Q o ( ~ 0) o o Q Q c w a D- D- y u X c 0- N L U OL E C u +� Q O U Q m 3 O w M OJ C C Ln a.. u Y i+ to a.+ to r- - C O C 3 w- O H O) O) C Y N U () i i � W W N _m m _m O O O m C lL N (C6 U .0 �. Y _ fi4 _ m _ m - m — fLC O N Q >Z IZ 0 a ++ N N C > OO O- C y m O_ O O O 0. E u E " O E E E v uD u m E — t" y "O m m m m m 00 m 'a 0 O y m O y 3 p 7 O 3 O O C a) t t L Ln U z = Q U in 0 C7 C7 C7 (D in F F F coo' N ;3- O r-1 M r-i O Ln N M O z r-I O Ln O O M Ln Ln O ci r-I r-I t\ N ri 00 Il 00 O0 N M ei r-I r-I E O I, 4 a) O O ri O O N LO tD tD Lp tD O u5 ri ri ri t 0 0 0 °v °I° °I° +, m m m� v° Ln m m m m m m r rn 00 t 00 Lfl Q1 t/F M Y (n O vv N m E W m F0- MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and /or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: CSJ of SWFL, Inc. Signature: Date: March 4, 2013 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 1. Pile Jacket Material 2. N/A 3. N/A 4. N/A 5. N/A Please insert additional pages as necessary. Company: CSJ of SWFL, Inc. Signature: EXCEPTION MANUFACTURER Five Star Marine N/A N/A N/A N/A Date: March 4, 2013 Coronado & Gator Bridge Repairs 15 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certfications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical N/A 2. Mechanical N/A 3. Plumbing N/A 4. Site Work N/A 5. Identify other Pavement Maintenance, LLC subcontractors that 1640 Benchmark Ave. represent more than Fort Myers, FL 33905 10% of price or that affect the critical path of the schedule Company: CSJ of Signature: Inc. Date: March 4, 2013 Coronado 8 Gator Bridge Repairs 16 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Proiect and Location Kendall Bridges 2. Little Hickory Bay - Bonita Springs Reference City of Marco Island Bob Creighton 239 - 389 -5011 Lee County Finance Dept Ehab Guirquis 239 - 533 -9400 / Douglas Bus bee 3. Cape Bridge Piling Repair - Cape Coral Lee County Finance Dept Ehab Guirguis 239 - 533 -9400 4. 5. Little Hickory and Big Carlos Pass City of Bonita Springs Brdg Maint & Repairs Lee County Finance Dept Ehab Guirguis 239- 533 -9400 City of Bonita Springs David Liccardi 239 - 949 -6246 Fort Myers Beach Pier Phases 1, 2 & 3 City of Fort Myers / Fowler Construction Rob Fowler Jr. 239 - 275 -7000 Company: CSJ of Signature: Inc. Date: March 4, 2013 Coronado & Gator Bridge Repairs 17 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description} L( F,SY) 1. N/A N/A N/A N/A N/A 2. N/A N/A N/A N/A N/A 3. N/A N/A N/A N/A N/A 4. N/A N/A N/A N/A N/A 5. N/A N/A N/A N/A N/A TOTAL $ N/A Failure to complete the above may result in the Bid being declared non - responsive. Company: CSJ of SW�FQL, Inc. Signature: �'CJ�,ti. -sr— Date: March 4, 2013 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 18 C& Country Acsninisirsve SwAoes Division Punch .ng AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS Solicitation #13 -8052 Coronado Canal & Gator Slough Canal Bridge Repairs (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County El Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in []Collier County or ® Lee County: 10 Number of Employees (including Owner(s) or Corporate Officers): 20 Number of Employees Living in ❑ Collier County or ® Lee (Including Owner(s) or Corporate Officers): 20 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: CSJ of SWFL, Inc. Date: March 4, 2013 Collier or Lee County Address: 15790 Chief Court, Suite 1A, Fort Myers, FL 33912 Signature: Title: Manager STATE OF FLORIDA: ❑ COLLIER COUNTY ® LEE COUNTY Swam to d ubscrbed Me, a Notary Public, for the above State and County, on this 4th Day of March 2 Al-O&I Notary Public My Commission Expires: April 15, 2015 P DAWN PETERSON o tP f/'i Z B`- ; Notary Public - State of Florida My Comm. Expires Apr 15, 2015 AFFIX OFFICIAL SEAL) ) • Commission # EE 89404 Bonded Through National Notary Assn. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 19 Ci& Cio'bf.11ty Ad iniSN re SerAw Elmsen PWdWW% Immigration Law Affidavit Certification Solicitation: 13 -6052 Coronado Canal & Gator Slough Canal Bridge Repairs This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors! Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify Program, may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidders proposal. Company Name CSJ of SWFL, Inc. Print Name Glenn Jones Title Manager Signature &4-V-- Date March 4, 2013 State of Florida County of Lee The foreAkwn nstrument was signed and acknowledged before me this 4th day of March 2p 13� bn Jones (print or type name) who has produced personal (type of identification and number) as identification. No ry Public Signature DAWN PET Dawn Peterson Printed Name of Notary Public EE 69404 April 15, 2015 Notary Commission Number /Expiration .P �e ERSON Notary Public - State of Florida ?N+ : •- My Comm. Expires Apr 15, 2015 Commission � EE 69404 Bonded Through National Notary Assn. The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 13 -6052 Coronado & Gator Slough Canals Bridge Repair; 20 cAr coway AdwkwVa1hA saivbw t7iu wm f COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, whictrtivill be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal 1. General Information (provide all information) Taxpayer Name Carolyn 5. Jones (as shown on income tax return) Business Name CSJ of SWFL, Inc. (if different from taxpayer name) Address 15790 Chief Court, Suite 1A, State FL Telephone 239- 437 -9555 Order Information Address same City State_ FAX Email City Fort Myers Zip 33912 FAX 239 -437 -9556 Email csj @csjofswfl.com Remit / Payment Information Address same Zip I City State Zip 2. Company Status (check only one) FAX Email Individual / Sole Proprietor X Corporation Partnership _Tax Exempt (Federal income tax- exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (C) 3) Enter the tax classification D = Disreca rded End , C - Corporation, P - Parinershi 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 05- 0559926 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Cinder penalties of perjury, t certify that the information shown on this form is correct to my knowledge. Signature Date March 4, 2013 Title Manager Phone Number 239-437-9555 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 21 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed _that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Resoectfuliv Submitted: State of Florida County of Lee Glenn Jones being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Glenn Jones , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 22 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of CSJ of SWFL, Inc. , and the full names of its officers are as follows: President Carolyn S. Jones Secretary. Treasurer Manager Glenn Jones The Manager is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 12/09/08 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A The co- partnership does business under the legal name of: N/A (c) Individual The Bidder is an individual whose full name is N/A operating under a trade name, said trade name is N/A and if 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 23 Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED March 4, 2013 Witness George Agosto Witness STATE OF Florida COUNTY OF Lee CSJ of SWFL, Inc. legal entity BY: Glenn Jones Name of Bidder (Typed) 262� =� - Signature Manager Title The foregoing instrument was acknowledged before me this 4th day of March , 2013 , by Glenn Jones , as Manager Of CSJ of SWFL, Inc. , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: April 15, 2015 Signature of Notary) os•�,",v y PETERSON r Notar Public State of Florida • My Comm. Expires Apr 15, 2015 1ACle EE 69404 Bonded Through National Notary Assn. NAME: Dawn Peterson (Legibly Printed) Notary Public, State of Florida Commission No.: EE69404 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 24 INSTR # 2008000319522, Doc Type PDA, Pages 1, Recorded 12/09/2008 at 11:36 AM, Charlie Green, Lee County Clerk of Circuit Court, Rec. Fee $10.00 Deputy Clerk CKELLER Form A205 GENERAL POWER Or ATTORNEY (With Durable Provision) TO ALL PERSON'S, be it known, that of �U �• _, the undersigned Grantor, do hereby make and grant a general power of attorney to = /S.f//l/ vJ D ry ---Zb of 194 67 4,4 o lNe Vfo &-JL /W94,5 C- $39<-7 and do thereupon constitute and appoint said individual as my attorney -in -fact. My attorney -in -fact shall have full powers and authority v. do and undertake all acts on my behalf that I could do personally, with full power of subsdtudon and revwatioa, including but not limited by said authority the right to sail, deed, buy, trade, lease, mortgage, assign, rent or dispose of any of my present or future real or personal property; the right to execute, accept, underuke and perform any and all contracts in my name; the right to deposit, endorse, or withdraw funds to or from any of my bank accounts, depositories or safe deposit box; the tight to borrow, lend, invest or reinvest funds on any terms; the right to initiate, defend, commence or settle legal actions on my behalf; the right to vote (in person or by proxy) any shares or beneficial interest in any entity, and the right to retain any accountant, attorney or other advisor deemed necessary to protect my interests generally or relative to any foregoing unlimited power. My attorney -in -fact hereby accepts this appointment subject to its terms and agrees to act and perform in said fiduciary capacity consistent with my best interests as he in his best disercdon deems advisable, and I affirm: and ratify all acts so undertaken. Special durable provisions: This power of attorney — shall be revoked upon ____ shall not be affected by disability of the Grantor, and shall otherwise — conunuc in full force Artd effect undl revoked by subsequent writing — become null and void after date of 14 (initial provisions which apply). -Other terms: Signed under seal this / day of Signed in the presence of: rancor Attorney -in -Fitt L4=: Delete powers that do not apply State of W jJ f-J,(� County of Then personally appeared -he above named, Grantor who known to me, signed or acknowledged the Arc8oinS4fxccuIcd Power of Attorney as his or her free act and decd, before me. A y LNO_ t `� Op 3k Notary Public �- r f1dail iY t tVe A— My Commission Expires: II Illitll II 0411 ch E•Z Legal Forms Before you use this form, read !t, till In all blanks, artd tttaYc whatever changes are necessary to tlU I` I} Ib your particular trawaedon. Consult a lawyer if you doubt the form's fitness for your purpose 0 5 926 2 22 and use. B-Z Legal Forms and the retailer make no representation or warranty, express or Implied, with raspeet to the merchantability or this form for m intcndod use or purpose, Qk * * BID BOND (Private Work) KNOW ALL PERSONS BY THESE PRESENTS: That CSJ of S$VFL, Inc as Surety, are held and firmly bound unto , as Principal and , as Obligee, in the sum of Five percent ($ 5% ) Dollars, for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Concrete Restoration for Coronado Canal & Gator S1oLCrn Canal Bridge Repairs TUapl PG NOW, THEREFORE, if the Obligee •shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in -the bidding or Contract:Documeuts with.'gooa• and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect, but not to exceed 120 days from date of execution. PROVIDED. HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed, sealed and dated -February 19, 2013 .JL A?_ (Witness) ORSC 2I328 (PVT) CSJ of S FL , Inc By: =.W WxroMR O_ _< SEAL 9c Old RqPA1iy S ty Company? u om By: tt ey -in -fact �IMIII.IIIN�ii'lili' }' POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: DANIEL G. DANNENHAUER, CYNTHIA S. ROSENKRANZ, MICHAEL GEORGE DANNENHAUER, OF FORT MYERS, FL its true and lawful Attomey(s) -in -Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required); bonds, undertakings, recognizances or other written obligations in the nature thereof, (other'than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty, bonds, guarantees of installment paper and note guaranty bonds, self- insurance workers compensation bonds guaranteeing payment of benefits; asbestos` abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds) as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TWO HUNDRED FIFTY THOUSAND DOLLARS($250,000) ----- - - - - -- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi - colored. This appointment is made under and by authority of the board of directors at .a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice - president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyship; obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretaryor assistant secretary; or (i i) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURl1- IER,thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the co npany; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 6TH day of FEBRUARY, 2008. OLD REPUBLIC SURETY COMPANY JOJ0 SUR;", SEAL 2, Assistant Secretary ,'' President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 6TH day of FEBRUARY, 2008 , personally came before me, GERALD C. LEACH and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly, sworn, did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. * * _ Notary Public Nip,�'Uet \G � 9* ? My commission expires: 01 / 18 / 2 0 0 9 � a CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a, Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 92 -2974 SUR SJgned and sealed at the City of Brookfield, WI this Zy day of FruaYy 2013 ooRlOX44 Cm's g SEAL FINE COUNTY '4,I .s CE :AGNCY IN Assistant secretary ORSC 22262 (2/07) THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: «Bid Number; «Project Name; aaOpening Date. 13. The Bid will be mailed or delivered in time to be received no later than the specified ooenina date and time, otherwise Bid cannot be considered. ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Glenn Jones / CSJ of SWFL, Inc. Bidder Name Manager Signature & Title Date: March 4, 2013 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 26 AC# 61 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ #L12060601299 DATE BATCH NUMBER LICENSE NBR 06/06/20121110415464 ICGC1517790 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2014 LO FRANCO, RONALD J CSJ OF SW FL INC 15790 CHIEF COURT SUITE lA FORT MYERS FL 33912 -3710 RICK SCOTT GOVERNOR DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY Registration E_Verif�,ploy rat Eligibility Exit E- Verify Enrollment: You're Finished Congratulations! Page 1 of 1 Your company has been enrolled in E- Verify. Now just sit back and wait — the people you signed up as users will receive their user names and passwords by e-mail. Most people receive our confirmation e-mail within a few minutes. You should check your e-mail inbox as well as your spam or junk mail folders because sometimes our a -mails are mistakenly marked as Spam. If the e-mail is not received within 48 hours, please call our Customer Support line at 1- 888 - 464 -4218 for assistance. Do not enroll your company again in E- Verify. If you attempt to reenroll, your enrollment may be delayed. Before you go, click on the "View Memorandum of Understanding" button and print a copy of the Memorandum of Understanding you electronically signed. Be sure to share it with your human resources manager, legal counsel and other appropriate staff. Thanks for signing up. Your participation is vital in ensuring a legal United States workforce. If you ever have any questions, we're here to help —just give us a call at 1- 888 - 464 -4218 or e-mail us at E- Verify @dhs.gov. View Memorandum of Understanding U.S. Department of Homeland Security i U.S. Citizenship and Immigration Accessibility Download Viewers Services https: / /e- verify.uscis.gov/ enroll /Registration.aspx ?JS =YES 11/3/2010 CSJOF -1 OP ID: MA 144c°R° CERTIFICATE OF LIABILITY INSURANCE DAT OR OTHER DOCUMENT WITH RESPECT TO 11109DIYYYY) 11 /09/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER Phone: 239-939-1400 CONTACT NAME: Five County Insurance Agency 14120 Metropolis Avenue Fax: 239 -939 -3813 PHONE FAX JAlc, No, Ext):_ A/c, No Fort Myers, FL 33912 E -MAIL Stephen Dannenhauer ADDRESS; _'. CLAIMS -MADE X_' OCCUR INSURER(S) AFFORDING COVERAGE _ _ NAIC p 5,00 INSURER A; Bridgefield Employers Ins Co 10701 INSURED CSJ of Southwest Florida, Inc. INSURERS: Travelers Casualty & Surety 15790 Chief Court, Suite 1A INSURER C:Old Dominion Ins Co /MSA Group 40231 Fort Myers, FL 33912 - - - - -- -- - - - - -- - - -- PRODUCTS - COMP/OP AGG S INSURER D: X POLICY PRO- LOC INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NLIMRFR! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR. __. - -__ -__ - ._-...._ .___ -AfSDLL' OeR` POLICYEFF LTR TYPE OF INSURANCE POLICY NUMBER MM1DD /YYYY WVD POUCYEXP -- - - - - -- - - - - - -- - -_. _._._ MWDD1 YYY LIMITS - __ - - -- - -. GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 LIABILITY MPG6346G 11/08/12 COMMERCIAL IAL ENERAL L ___ : _____ DAMAGE TO RENTED 1 11/08/13 PREMISES_LEa occurrence_ t $ 100,00 _'. CLAIMS -MADE X_' OCCUR MED EXP (Any one person) S 5,00 X Blkt.Add'I.Ins. - - - ---- ------ - --- ------- ..--------------- PERSONAL 8 ADV INJURY $ 1,000,00 X Per Project -- - -- -- - - - -- GENERAL AGGREGATE $ - — - - 2,000,00 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,00 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 11000,00 (Ea accident) $ B X ANY AUTO BA8A780745- 12 -SEL 11/08/12 11/06/13 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED - AUTOS AUTOS BODILY INJURY Per accident) S .. NON -OWNED X X _ __ PROPERTY DAMAG _ E $ HIRED AUTOS AUTOS Per acad_ent ___ I$ UMBRELLA LIAB OCCUR --- -- - -- ' EACH OCCURRENCE S P-- --- - -- --- -- EXCESS LIAB '.. CLAIMS - MADE'. AGGREGATE $ DED ". RETENTION S $ WORKERS COMPENSATION X- WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N A ANY PROPRIETOR /PARTNER/EXECUTIVE '.:830 -38562 11/08/12 11108/13 E L. EACH ACCIDENT i$ 1,000,000 OFFICER /MEMBER EXCLUDED? N/A I -- ------ --- �— - - --- (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below - --- -_. - --- --- -- - - -- - -- -- - - - - -- , -_._ E.L. DISEASE -POLICY LIMIT S - - -_- -_ 0 1,000,000 C Equipment Floater "MPG6346G 11/08112 11/08/13 (Owned 25,00 Leased 50,00 DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) * * * * * * * * * * * ** *FOR INFORMATION PURPOSES ONLY * * * * * * * * * * * * * ** GtK I If-IL:A 1 t MULUtK GANGELLA I IUN INFORMA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE F I FOR INFORMATION PURPOSES ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CSJ of Southwest Florida, Inc. 15790 Chief Court, Suite IA Fort Myers, Florida 33912 Phone: (239) 437 -9555 Fax: (239) 437 -9556 csi(,csjofswfl.com Welcome to CSJ of Southwest Florida, Inc. CSJ of Southwest Florida, Inc. Construction Specialist is a Fort Myers, Florida based, customer oriented, specialty contractor with state of the art cutting edge construction techniques. CSJ's projects have included: stadiums, condominiums, water sewage treatment plants, county and city facilities, bridge overlays, piling and fishing pier reconstruction. We offer a wide variety of specialized repairs and have an ongoing educational program with new technologies and products. Our technicians evaluate each repair using high standards and technical guidelines. Our services include, but not limited to: Concrete Restoration (concrete repair utilizing, polymer modifies, fiberglass rebar, carbon fiber reinforcements, bridges and piers) Bridge Repair & Restoration (Piling Jacket Systems, concrete restoration and bridge overlay) Sea Walls (retaining walls & sea wall stabilization, repairs, restoration, soil stabilization and filling voids, piling repair, fishing pier restoration) Soil Stabilization (utilizing polyurethane injection) Carbon Fiber (fabric for structural strengthening; CFRP Carbon Fiber Reinforced Polymer) Waterproofing Systems (complete water management systems, exterior and interior elastomeric waterproofing, decking systems and polyurethane injection) Epoxy Grouting (high pressure grouting of epoxy and polyurethane's) Expansion Joints Systems (parking decks & garages, building system & roadways) Commercial Decorative Flooring Systems (commercial composition seamless flooring, anti- corrosive coatings, decorative quartz systems) Joint Sealants /Caulking (structural and non — structural sealants, weatherproofing caulking) Hydro Blasting (surface preparation 40,000 psi concrete profiling) Painting (complete exterior and interior coating systems, fine finishing) However, our diversity allows us to offer a wide range of construction services. CSJ of Southwest Florida, Inc., 15790 Chief Court, Suite IA, Fort Myers, FL 33912 CSJ of Southwest Florida, Inc. 15790 Chief Court, Suite 1A Fort Myers, Florida 33912 Phone: 239437 -9555 Fax: 239437 -9556 CSina,CSi0fswfl.e0m PILE JACKET GROUT PRODUCT DESCRIPTION Pile Jacket Grout is a multi - purpose, three component, 100% solids, moisture insensitive epoxy grout specifically designed to cure underwater. Pile Jacket Grout has excellent flowability and may be pumped or poured into place. Pile Jacket Grout meets ASTM C881 Type I, II, IV and V Grade 2, Classes B and C. ADVANTAGES • Low Odor • High strength bonding material • Moisture insensitive before, during and after cure • Excellent adhesion to masonry, concrete, wood, steel and most structural materials • Pumpable USES • Encapsulation material • Corrosion protection for steel • Structural adhesive • Gravity fill cracks in horizontal concrete and masonry TECHNICAL SUPPORT These products maintain the industry's foremost Engineering and Technical Support Group: • Over 30 years of experience in concrete restoration • Technical staff with an experienced engineer available for consultation • Design a spec for engineering specification assistance • Experienced representatives for field service PACKAGING AND YIELD Pile Jacket Grout is a three component system consisting of a 5 gallon pail containing resin with a tray of hardener and 5 polyethylene lined bags of aggregate weighing 44 lb each. A unit yields approximately 2.0 (56.6 litters) cubic feet of hardened material when using five bags of aggregate. For higher flow, up to one bag of aggregate can be withheld yielding 1.75 (49.6 liters) cubic feet of material. SHELF LIFE Two years in original unopened packaging. TYPICAL PROPERTIES For material placed underwater Compressive Properties, ASTM C 579B 1 Day Compressive Strength 4200 psi (29.0 MPa) 3 Day Compressive Strength 6000 psi (41.4 MPa) 7 Day Compressive Strength 7500 psi (51.7 MPa) Compressive Properties, ASTM D 695 1 Day Compressive Strength 4200 psi (29.0 MPa) 3 Day Compressive Strength 5500 psi (37.9 MPa) 7 Day Compressive Strength 7200 psi (49.6 MPa) Tensile Properties, ASTM C 307 7 Days 2000 psi (13.8 MPa) Bond to Concrete, ASTM C 882 7 Days 1500 psi (10.3 MPa) Linear Shrinkage, ASTM C 531 0.01% Water Absorption, ASTM C 413 0.0% PLACEMENT GUIDELINES 1. SURFACE PREPARATION: Surface must be clean and sound. Remove dust, laitance, grease curing compounds, impregnations and waxes. Concrete may be sandblasted or prepared by other approved mechanical means. Steel should be sandblasted to an SSPC -SP6 commercial finish. 2. MIXING: For optimum performance, all components should be conditioned to between 65 °F and 85 °F (18 °C and 29 °C). Pour all of Component B (hardener in tray) into Component A (resin) of 5 gallon pail. Mix Component A and Component B with a slow speed mixer to avoid air entrapment. Pour mixed liquids into a mortar mixer or suitable mixing hopper. While mixing slowly (20 rpm) add Component C (aggregate) and mix only until the aggregate is completely wet. Add Component C (aggregate) immediately after thoroughly mixing Component A (resin) and Component B (hardener). 3. METHODS OF PLACEMENT: Pile Jacket Grout may be pumped or poured into place. For vertical flow applications simply pour or pump from the top of the opening. For horizontal applications, pour or pump from one side to the other. 4. POST PLACEMENT PROCEDURES: In- service operation may begin immediately after minimum required grout strength and modulus have been achieved. 5. CLEAN UP: All tools and equipment may be cleaned with water and a strong detergent solution before material hardens. Sand may be used as an abrasive to aid in cleaning. NOTE: PRIOR TO APPLICATION, READ ALL PRODUCT PACKAGING THOROUGHLY. LIMITATIONS • Minimum applications temperature of substrate is 407 (4 °C) and rising. Low temperatures adversely affect flowability and strength gain. • Do not thin with solvents. • Minimum age of concrete must be 21 to 28 days, depending on curing and drying conditions prior to application. • Cold temperatures lengthen cure time, hot temperatures decrease cure time. • Maximum operation temperature is 200 °F (93 °C). CAUTION: Irritant, toxic, strong sensitizer. Contains epoxy resin and amine. This product may cause skin irritation. Do not inhale vapors. Provide adequate ventilation. Protect against contact with skin and eyes. Wear rubber gloves, long sleeve shirt, goggles with side shields. In case of contact with eyes, flush repeatedly with water and contact a physician. Areas of skin contact should be promptly washed with soap and water. Do not take internally. Keep product out of reach of children. PRIOR TO USE, REFER TO MATERIAL SAFETY DATA SHEET. Applications: Concrete Restoration, Soil Stabilization, Expansion Joints, Bridge Resurfacing, Painting and Electrical Material Used: A Variety of Products Project Profile: Kendall Dr. Bridges Contractor: CSJ of Southwest Florida Construction Specialist Owner: City of Marco Island Project Profile: Little San Carlos Pass H Big Hickory Overlay and New Pass Phase II Applications: Concrete Restoration, Bridge Overlay Material Used: BASF 10 -60 Rapid Mortar, BASF P -24 Rebar coating, Unitex Pro Poxy Type III DOT and Flint Rock — Shot Blaster used for surface preparation Contractor: CSJ of Southwest Florida Construction Specialist Owner: Lee County Board of County Commissioners Project Profile: Fort Myer Beach Pier Restoration Phase Applications: Piling Restoration Material Used: Sika Products Contractor: CSJ of Southwest Florida Construction Specialist Owner: Lee Co. BOCC Project Profile: Fort Myer Beach Pier Restoration Phase II Applications: Pile Jacketing System & Pier Restoration Material Used: Engineered Grouting Products & 5 Star Pilejackets Sub Contractor: CSJ of Southwest Florida Construction Specialist Owner: Lee Co. BOCC Project Profile: Fort Myer Beach Pier Restoration Phase III Applications: Pile Jacketing System / Pier Restoration / Expansion Joints Deck Coating Material Used: Engineered Grouting, BASF Products & 5 Star Pilejackets Sub Contractor: CSJ of Southwest Florida Construction Specialist Owner: Lee Co. BOCC Project Profile: Fort Myer Beach Dock Repair Applications: Epoxy Pile Jacketing System (wood piles) Material Used: 5 Star Pilejackets Sub Contractor: CSJ of Southwest Florida Construction Specialist Owner: Rothell Residence I wi&d"i Now I 2/22/13 Fiberg lass Pile Jackets HOME CONTACTS PileFormTM Jackets PileFormTm F Fiberglass Pile Jacket Five Star Marine's PileForm TM F fiberglass reinforced plastic (FRP) pile rehabilitation jacket is a high- strength, lightweight fiberglass pile jacket which meets and exceeds marine engineering specifications for use in hostile marine environments where exposure to ice, floating debris, chemical pollution, oils, acids, salt water and tidal action mayoccur. PileForm Tm F fiberglass pile jackets are manufactured in 1' to 20' long sections with w wall thickness up to 1/2" as required; custom sizes outside these ranges are .B available. Five Star Marine manufactures PileForm TM F pile jackets under a strict 16 -point quality control procedure using the highest qualityraw materials, ensuring consistent product quality and long working life. PileForm T"^ N Fiberglass Pile Jacket Five Star Marine Pile Form TM N nylon pile jackets meet and exceed marine engineering specifications for use in severe hostile marine environments where exposure to chemical pollution, oils, acids, salt water and tidal action mayoccur. Five Star Marine, Inc. isan affiliate of Five Star Products, Inc. HOME PRODUCTS CONTACTS SITE MAP PRIVACY POLICY © Copyright 2010 Five Star Marine www. 5star- marine.com/pileformf.html 1/1 2/22/13 Cementitious and Epoxy Fill Materials HOME CONTACTS Cementitious & Epoxy Fill Materials Cementitious Underwater Grout Five Star Marine® Cementitious Underwater Grout is an underwater pump grade, cement - based, non - shrink grout. It is designed for applications including pile repair and restoration, grouting underwater, grouting areas subject to saltwater exposure, and installation of anchors and dowels. Cementitious Underwater High - Strength Grout Five Star Marine® Cementitious Underwater High - Strength Grout is an underwater pump grade, cement - based, non - shrink grout for pile restoration and similar applications. It is designed for applications including pile repair, rehabiliation and restoration, grouting of underwater structures, grouting areas subject to freshwater, saltwater or brackish exposure, and the installation of anchors and dowels. Contains migrating corrosion inhibitors for superior corrosion resistance. Pile Jacket Epoxy Grout Five Star Marine® Pile Jacket Epoxy Grout is a three component, 100% solids epoxy system specifically designed for underwater grouting and marine pile encapsulation. Five Star Marine® Pile Jacket Epoxy Grout is a low viscosity resin & hardener system which is mixed with aggregate to encapsulate concrete, timber, or steel pilings in hostile marine environments. www. 5star- marine.com/cementitious.html 1/2 2/22/13 Cementitious and Epoxy Fill Materials Pile Jacket Epoxy Grout LPL Five Star Marine® Pile Jacket Epoxy trout LPL is a high - performance epoxy system designed for underwater grouting and pile encapsulation where a longer pot life system is required. Five Star Marine® Pile Jacket Epoxy Grout LPL is a low viscosity epoxywhich is mixed with graded sand aggregate to encapsulate concrete, timber, or steel pilings. It maybe pumped or poured in place. Pile Jacket Grout HP Five Star Marine® Pile Jacket Grout HP is a three component, 100% solids epoxy grout system specifically designed to cure underwater. Pile Jacket Grout HP has excellent flowability and exhibits outstanding physical properties when placed in wet ordryenvironments. Moisture insensitive before, during, and after cure, Pile Jacket Grout HP also exhibits excellent adhesion to masonry, concrete, wood, steel and most structural materials; it is designed to encapsulate and provide corrosion protection for concrete, timber, orsteel pilings. Five Star Marine, Inc, is an affiliate of Five Star Products, Inc. HOME PRODUCTS CONTACTS SITE MAP PRIVACY POLICY © Copyright 2012 Five Star Marine www. 5star- marine.com/cementitious.htni 2/2 M FIVE SrAR Five Star® acket Epoxy Grout HP dvantaaes: Excellent flowability and versatility Can be pumped or poured into place High bond and compressive strength Moisture insensitive before, during and after cure Excellent adhesion to masonry, concrete, wood, steel and most structural materials Adjustable aggregate )plications: Encapsulation material Corrosion protection for steel, concrete and wood piles Established in 1954, Hoffmaster's Marina, located in Woodbridge, Virginia, evolved to accommodate a growing boating business and expanding customer base of boat owners. Over this per od of time, the support piles for Hoffmaster's two boathouses and docks underwent severe levels of degradation due to tidal action and marine growth. Replacement costs for these structures would have been an extremely expensive undertaking. More importantly, a shutdown required for replacement pilings would have negatively impacted daily business operations at the marina. Five StarO Products, Inc. recommended a cost effective pile restoration solution which would ensure durable, long term structural repair without any impact on the daily business operations at the marina. Bidding and selection of project participants was based upon many factors, including past performance and expertise in this very specialized area of repair and restoration. K &M Marine, Inc, of Lusby, Maryland was awarded the $450,000, 198 pile rehabilitation project for Hoffmaster's two boathouses. The project was done in two phases. The first phase was finished in 30 working days in the fall of 2005, with the second phase completed in the spring of 2006. In the first phase of the project, K &M Marine determined which piles were to be repaired and the extent of pile deterioration in each of those piles. Woodbridge, VA Woodpile rehabilitation in Woodbridge, VA K &M Marine carefully scheduled the project to avoid inconveniencing the boat owners. The jackets were brought from the storage trailer down to the pier work area. The job moved smoothly because the jackets had been premeasured and identified to fit the specific piles in the marina. K &M Marine proceeded to prep the jackets for installation and fill them with Five Star® Pile Jacket Epoxy Grout HP at a minimum of 12 piles every 4 days. The Five Stan Pile Jacket Epoxy Grout HP was mixed in a ChemGroutl�l pump and pumped from the dock into the jackets. Filling was simplified by the pre - installed 1" fittings located near the center of the jacket which allowed for easy hose connection. Because of the flowability of the Five Stan Pile Jacket Epoxy Grout HP , and the diver's ability to easily monitor the grout filling the jacket, the pumping went very quickly and smoothly. Mike Weldon, the owner of K &M Marine, Inc. said "The combined system of Five Stan Pile Jacket Epoxy Grout HP and the pile jackets was the simplest and fastest he had ever used," and that he and his divers were looking forward to their future projects working with Five Stan products. The repairs to the 198 piles at Hoffmaster's Marina were finished on time and on budget due to the expertise of K &M Marine, the products used, and the field support provided by Five Stan Products. Most importantly, Hoffmaster's remained open every day during construction ... not a single day of business was lost during the pile repair project. Hand capping the pile to finish the rehabilitation K &M diver suiting up to Prepare the jackets Five Star ®Services: • Design- A- SpecTm engineering specification assistance • Technical on -call center with field and project experienced staff • Field support representatives for on -site consultation • Corporate research laboratory available to customize products for unique applications Grout pump and Five Stan Pile Jacket Epoxy Grout HP Completed pile jacket rehabilitation with jacket in place Five Star Products, Inc. 750 Commerce Drive Fairfield, CT06825 -5519 Phone: 203 - 336 -7900 Fax: 203-336-7939 www.fivestarproducts.com 'a � tE �•, O O cn D f4K O tu . o LL CL C N N L M > RON O 02 n CA mom GM now ' °. . L.. C ~ N N A, jC� F N w a� N O L Q i y .r b � O 0� ° N 1 -- cn O 0 3 m a� 0 0 N Q N 7 a m t N 0 a c 0 U 3 a� f� cn a a a a a S a a N N N N N N N N N N N N N N N N N N N N N N mmmmmmmmmmmmmmmmmmmmmm N N N N N N N N N N _O _O _O _O _O O_ O _O O 0 _O _ T* Tt # m� . aC o N o m'a E2 �c d � N -a :2 a > > o .- N, y> . - m os o E Eya.a � ` °O�.- mpoaao E oEp Omae o- ` a n7 m� la N�cc L co a) cm2 N a��-C .O. OaJ o U a N o° °: c �Y c y c= d a o a) c Y c J :p 0^ o 5a ; 2S v2 0 CL N d2 2?2 aci CWLL o o U— �S o LL c O cz ^ o U C — cu c0 W U a c U U U C7 m ca U U U U m 0 Qm Qpp %�LD5 N N N N N N N N N N N N mm mmmm mmmmmm CD O _O M 1 444444 _ _ _ _ _ c c c En Im Vf O a O L 0 0_ fa N ._ O O L o a� O d N ° > d E Np on °oa o ` E >�`5 m ENO a� _o Cmcrw CL oL y J Cm W d a -irL LLJ C W �'�Ud o o~ N MY W o•�Ua a� H y —gX W cq �t— Na�rodaoipd� c Nafa v ^ ^U a �in �2 ro�is o� E C W LL O O Cn C C W LL O L fn aci o (a d ^o U fl Y° c oUU a� 9 c 0 m ;a c —U U co c —m U m c a 0D o .9 SOURCE, INC. Engineers - Planners FL Eng. Business #2627 February 21, 2012 Mr. Glenn Jones CSJ of Southwest Florida 15790 Chief Court Ft. Myers, FL 33912 Re: Letter of Reference James P. Elliott, P.E., President Timothy E. Pugh, P.E., Vice President 1334 Lafayette Street Cape Coral, FL 33904 -9770 (239) 549 -2345 Fax (239) 549 -6779 E -mail address: Mail @source - inc.com Visit our web site: www.source- inc.com Florida Governmental Utilities Authority (FGUA) Lehigh Acres Water Treatment Facilities Steel Filter Tank Restoration Dear Mr. Jones: I am pleased to write this letter to compliment you and your personnel on the quality of workmanship as well as the professional management of the FGUA Lehigh Acres WTP filter restoration project. This project included injection, sealing and grouting under the tank base flanges, preparation of exterior surfaces and coating all twelve steel filter tank units. The project was completed on time and within budget. It is a pleasure doing business with you and your company. I look forward to a continu- ing relationship with CSJ of Southwest Florida on future projects. Sincerely, SOURCE, INC. QF5]1�_ James P. Elliott, P.E. President JPE/kac Richard D. Bieniarz 20061 Sanibel View Circle Unit 206 Fort Myers, Florida 33908 -7809 239.466.0985 239.247.1118 Date: Sept 4, 2009 To: Whom It May Concern Subject: C. S. J. of S. W. Florida, Inc. During the time period of January 2009 to August 2009 C. S. J. of S. W. Florida Inc. (CSJ) performed a substantial restoration project for the Sanibel View Condominium Association (SVCA). The project consisted of the following work on 132 residential units housed in the seven (7) four storey buildings located on our complex: • Removal and reinstallation of aluminum screen cages and screens_ • Removal of the old knock -down surface coating from lanai floors. • Removal of any old floor surface filling material. • Filling of all cracks and restoration of all exposed steel reinforcing bars and wires in the lanai floors. • Opening, inspection and reinforcement (with appropriate steel "hurricane clips ") of all headers above the Sliding Glass Doors. • Removal of old Sliding Glass Doors. • Installation of new 2 inch higher concrete door sill. • Reinstallation of latest code wind and impact resistant Sliding Glass Doors. • Closing, re- lathing and re- stuccoing and texture coating all door headers. • Re- sloping of all lanai floors to provide a minimum 118th inch per foot of slope. • Installation of proper multi -step sealing and resurfacing materials to all lanai floors. • Caulking, sealing and repainting of all lanai ceilings and walls. • Reinstallation of latest code aluminum screen enclosures and screens. • And, where requested by unit owners (Aprox. 33 %) installation of ceramic floor tiles. The above work was performed in a very professional and timely manner. Because many unit owners were in residence during this construction project extra care was required. Interior plastic barriers were provided by the contractor to ensure the residents' privacy and to provide a dust barrier from the construction and demolition work in progress. As the work progressed an effort was made by the contractor to keep the building site clean on a daily basis. As the work was completed on each building any needed site repairs to sod, bushes, shrubs, walks or pavement was completed by the contractor at their expense. Because the contractor maintained a good working relationship with his suppliers the work progressed in a smooth and efficient manner with minimal interruptions. There were no unanticipated cost increases to the project and the contractor delivered all that was agreed to at the initial contract signing. The contractor's supervisory staff did an excellent job of keeping the construction team focused on their objectives. And the morale of this professional construction team was high and enthusiastic right up to the completion of the project. The contractor's management staff also maintained a cooperative and cordial relationship with the SVCA owner's representatives committee, the Registered Professional Engineering firm (Karins Engineering Group, Inc.) hired by the association to inspect and approve the work, and the owner's Management company (Benson's Inc). The cooperative spirit of all these participants in periodic progress meetings permitted this complex project to be brought to a successful and satisfactory conclusion. For the above reasons C.S.J. of S.W. Florida Inc. is recommended to you as a competent and reliable contractor for your future construction and restoration work. Sincerely Richard D. Bieniarz P.E. P.S. The writer is a member of the SVGA Board of Directors, a member of the SVCA owner's representatives committee for the above project and a retired registered Professional Engineer (Wisconsin No. 17216 006) with over 40 years experience in building design, development and construction. �Llg'�IZOUSC RCSOlt flub 210 Periwinkle Way Sanibel Island, Florida 33957 (239) 472 -4162 • Fax (239) 472 -4616 July 14, 2009 To whom it may concern, C.S.J. of Southwest Florida recently completed a project for us at Lighthouse Resort & Club on Sanibel Island. The project consisted of the sloping of 40 decks and then applying a membrane system, the installation of 60 sliding glass doors and 120 windows. Our contract scheduling required C.S.J. of Southwest Florida to complete their scope in 30 days. However, I am pleased to report that C.S.J. completed the entire project well ahead of schedule in 24 days. We were very pleased with professionals at C.S.J. of Southwest Florida and the way they handled the restoration of our resort Needless to say, should any other restoration work be necessary at our resort, we know who to call. Should you have any questions or concerns, please feel free to call upon me. Sincerely, Linda Courtney Resort Manager Lighthouse Resort & Club Ron LoFranco, Inc. 9064 Murcott Drive West - Ft. Myers, Florida, 33967 (239) 267 -0197 Fax: 437 -0179 (239) 229 -3376 January 12, 2009 To whom it may concern, While employed with JWR Construction Services, Inc. as superintendent/project manager for the Gulf Reflections condominium development, CSJ of SW Florida, Inc. was contracted for waterproofing and textured topping in the elevator pits and common areas and lanais. Their professional knowledge on waterproofing and concrete installation, attention to detail and project scheduling, and ability to offer suggestions as well as recommend cost saving ideas to the betterment of the development project was invaluable. There has been no warranty work required since the completion of their work over two years ago. I have continued to date using CSJ of SW Florida, Inc. no matter how large or small the project. For example, waterproofing two 5th floor lanais for a condominium remodeling project on Ft. Myers Beach and most recently, floating/leveling a floor slab for an interior commercial remodel project. I would recommend CSJ of SW Florida, Inc. for your upcoming project(s) and will continue to use them for mine as well. Please feel free to contact me at any time if I can be of further assistance. you. Ron La President DEPARTMENT OF CONSTRUCTION AND DESIGN US L E �OLTNW Division of Facilities Management SOUTHWEST FLORIDA BOARD OF COUNTY COMMISSIONERS nou xnou Dow w orw nrwra r-V MW Arch, Dftwd Thw Many 14d Diww Prrr r"w'A MOM unmda n. t awq Co"y ManW D.ww M. ows+ Gwasly Amxrrvy urrrr M. F urkw E VNW September 20, 2007 To Whom It May Concern: (230) sl9MN FAX (?30) 48500 CSJ of Southwest Florida has completed several projects for Lee County Government Glen Jones, George Agosto and their staff have been a pleasure to work with. They have routinely demonstrated expertise and practical Insight in the completion of a project with the best results for the County. Several times, with different projects, CSJ will notice a change and/or additional work that will improve the project and bring it to my attention. Even though the work is outside their quoted project scope, they have requested permission to do the worts at no additional cost to improve the job. The cost factor may not have been large, but it is very refreshing to work with a group of people that want the best job possible and are not trying to add cost to a project. CSJ has earned my respect and trust over the years and I feel very comfortable recommending them to others. Please feel free to call me at 239 - 707 -7833 if you have questions. Sincerely, Baxter Rothell Facilities Operations Manager 111Wpd*=%CORIWL.ANC ON$4 NJ r*rCIreC lvAe P.O. Oft 3". hurt Myors. Florida :t39W.. -03W (239)335-2111 tnternot oddrerla Idip•1AV*VJ00-00Un1y.Car1 AN CO(W OMORTWTYAi 1 r1NOTlr, AaCTM Er*-LovrR LIB October 1, 2007 SOURCE, INC. Engineers — Planners Florida Eng. Business #2627 TO WHOM IT MAY CONCERN From: Christian Mainka, P.E. Re: Letter of Recommendation 1334 Lafayette Street Cape Coral, FL 33904 -9770 (239) 549 -2345 Fax (239) 549 -6779 e -mail: sourceinc @att.net Visit our web site: http://Sourceinc.tripod.com While working as an employee for Source, Inc. and as an engineering subcontractor to Source, Inc. I had numerous business related meetings with the owner of CSJ, Glenn Jones. In the posi- tion of project engineer my primary responsibility has been to make sure that the work performed complied with the contract documents. My activities spanned from start to project substantial completion and certification to the owner. While I served as project representative for the owner, CSJ under the direction of Glenn Jones, has successfully completed a number of projects. In all cases the work complied with project specifications and drawings. Approved suggestions for better details were implemented by CSJ free of charge. Change orders for work beyond the contracted scope of work were negotiated successfully. Late completion dates were usually due to weather, supplier's bankruptcies and similar reasons beyond contractor's control. On most projects CSJ maintained a schedule. Quality of projects such as restoration/waterproofing, concrete work, steel and aluminum roof component fabrication/erection, in most cases exceeded owner's expectations. Since CSJ is also operating a small machine /fabrication shop, the time saved associated with subcontracting usually benefited the project timeline. In summary, my business relationship with Glenn Jones and his crews over a period of 4 years has always turned out to be a win -win for all parties involved. I look forward to working with him again. I sh him success. 1 Chri tian Mainka, P.E. cc: Source, Inc. Jim Elliott Christian Mainka, P.E. STRUCTURAL ENGINEER 5260 S. Landings Drive #906 Fort Myers, FL 33919 Phone: (239) 482 -8698 Fax: (239) 482 -5937 E -mail: christian906 @comcast.net October 1, 2007 TO WHOM IT MAY CONCERN From: Christian Mainka, P.E. Re: Letter of Recommendation While working as an employee for Source, Inc. and as an engineering subcontractor to Source, Inc. I had numerous business related meetings with the owner of CSJ, Glenn Jones. In the position of project engineer my primary responsibility has been to make sure that the work performed complied with the contract documents. My activities spanned from start to project substantial completion and certification to the owner. While I served as project representative for the owner, CSJ under the direction of Glenn Jones, has successfully completed a number of projects. In all cases the work complied with project specifications and drawings. Approved suggestions for better details were implemented by CSJ free of charge. Change orders for work beyond the contracted scope of work were negotiated successfully. Late completion dates were usually due to weather, supplier's bankruptcies and similar reasons beyond contractor's control. On most projects CSJ maintained a schedule. Quality of projects such as restoration/waterproofing, concrete work, steel and aluminum roof component fabrication/erection. in most cases exceeded owner's expectations. Since CSJ is also operating a small machine /fabrication shop, the time saved associated with subcontracting usually benefited the project timeline. In summary, my business relationship with Glenn Jones and his crews over a period of 4 years has always turned out to be a win -win for all parties involved. I look forward to working with him again. I wish him success. Christian Mainka, P.E. cc: Source, Inc. Jim Elliot my docsMetter of recommendation Oct I, 2007 r1i'm Neogard Division of Jones -Blair Co. P.O. Box 35288, Dallas, TX 75235 (214) 353 -1689 Fax (214) 357 -7532 August 21, 2006 To Whom It May Concern: Please be advised that CSJ of Southwest Florida (George Agosto), 15800 Brothers Court, Suite 6, Fort Myers, FL 33912 is an authorized installer for Neogard surface applied waterproofing products and a wide range of epoxy flooring and wall systems. Please contact me if you have further questions at 813- 754 -9232. Sincerely, Neogard -Div. of Jones -Blair Southeast Regional Manager rw Neogard Wsion of Jones43Wr Co. P.O. Box 35288, Ddaa, TX 75235 (214) 3531689 Fax (214) 357 -7532 April 4, 2007 To Whom It May Concern: Please be advised that C.S.J of Southwest Florida, Construction Specialists, 15800 Brothers Court, Ft. Myers, FL 33912, Mr. Glenn Jones, is an authorized installer for Neogard surface applied waterproofing products. Please contact me if you have further questions at 813- 754 -9232. Sincerely, Neogard -Div. of Jones -Blair 9 Regional Manager 7823 Rolling Grove Drive East, Lakeland. FL 33810 August 28. 2008 "o Whom It Mav Concern. This letter is to verify that CSJ of Southwest Florida, Inc., Fort Myers. Florida. has experience and proficiency in the application of Tremco's pedestrian and vehicular traffic waterproofing membranes as well as our sealants On past projects they have shown to use best practice methods and apply the products according to manufacturer's specifications and recommendations Regards. Elizabeth S Bailey Tremco Global Sealants An 1'PM Company 0 Q) U Q o 0 U E a o a W QU m Z I �0 3 �i1gS ;o. 0 w n o o ca vav �4- a 0 0 E a o 60 cX33 1z M 2 O 2 t b v U o � H o O � W . j 0 oA a a ai N cn c� c� (N� C`�' COD v to 0 o �o 0 � Q� o •� 3 ;>-, O `3 0 a -a O co Q (� cn N Cd 0 Q) U Q o 0 U E a o a W QU m Z I �0 3 �i1gS ;o. 0 w n o o ca vav �4- a 0 0 E a o 60 cX33 1z M 2 O 2 t b U bD . j 0 iU a a ai o v to 0 0 � o •� 3 ;>-, O `3 0 a -a O co Q U N 0 ca C p ca w � co to ca � o N M 0 O p U O CZ Y �y F. M 0 Irl,� ..a o a n� CU co $:l °' Ol vCd o •� d o v CIO 0 3 r 0 Q) U Q o 0 U E a o a W QU m Z I �0 3 �i1gS ;o. 0 w n o o ca vav �4- a 0 0 E a o 60 cX33 1z M 2 O 2 t ' W H N Z Z u W w C� V U Cif I = "fie W i W H, iml, Fj �ZI !Ji ?Q! !V Z' 1P- w . PMEN Ct ci V 4� a Q c�u � P � � o p�j o U l"y b4 0 cn i,. �� '+v U v N; "cam 1} V 0 0 I Ca Ter COUr y Admnisbabue Semoes Division Purchasing Memorandum Date: February 22, 2013 Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM 1 From: Brenda Brilhart, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # 13 -6052 Gator Coronado Canal Bridge Repairs The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Change: Bid opening from MondayFebr -ua y 25, 2013 at 2:30 P.M to Monday, March 4, 2013 at 2:30 P.M. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Margaret Bishop, PE, Senior Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. _ (Signature) CSJ of SWFL, Inc. (Name of Firm) March 4, 2013 Date AddendumTemplate Revised: 4/15/10 1 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with CSJ of SWFL, Inc. ( "Contractor") of 15790 Chief Court, Suite 1A, Fort Myers Florida 33912, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Coronado Canal & Gator Slough Canal Bridge Repairs, Bid No. 13 -6052 ( "Project"), as said Work is set forth in the Plans and Specifications prepared by Stanley Consultants, Inc., the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to 'be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: Four hundred sixty thousand two hundred sixty one dollaft and ninety five cents ($460,261.96), Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 27 A as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms. treas .gov /c570 /c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall. commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor, Contractor shall achieve Substantial Completion within sixty (60) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the -date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner - as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer. financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand five hundred and thirty two dollars ($1,532.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result .of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 28 CA( Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday . by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Worts is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents, H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be -owed to it arising out of or relating to this Agreement. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 29 A Section 6. Exhibits Incorporated The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements . Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit l: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Stanley Consultants, Inc. and identified as follows: Coronado Canal & Gator Slough Canal Bridge Repairs as shown on Plan Sheets 1 through 14. Exhibit N: Contractor's List of Key Personnel ITB 13 -6052 - Coronado Canal & Gator Slough Canal Bridge Repairs Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Margaret Bishop, Project Manager Growth Management Division, Transportation Engineering 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252 -5857 B.. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Glenn- Jones, Manager CSJ of SWFL, Inc 15790 Chief Court, Suite 1A Fort Myers, Florida 34912 (239) 437 -9555 (239) 437 -9556 Fax 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 30 CA C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 31 CA Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 32 CA IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS ev o's 7LO .LelPrinf"Name SECOND WITNESS Type /Print Name Date: Ayy (I 9 , ,2oi 3 ATTEST: CONTRACTOR: CSJ of SWFL, Inc. By: T pe /Print Name and Tile_ OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COU Y L RIDA Dwight E. Brock, Cferk . / BY: BY: Attest as &% signature only. :y Approved As To; Form and Legal Sufficiency: Print Name: �I �k/ �?(_O 1 1) Assistant County Atforney Ge"r ia`A , iller, ESQ. Chairwoman 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 33 gA810IT A 1: PUBLIC PAYMt =NT SONQ Coronado Canal & Gator Slough Canal Bridge Repairs Bond No. 59369 Contract No 116ttS2 KNOW ALL MEN BY THESE PRESENTS: That CSJ of SwFL, Inc. ' as Principal, and American Southern. Insurance Company , as Surety, located at 11481 Old St. Augustine Rd, Ste 104, Jacksonville, FL 32258 (Business Address )are held and firmly bound to collier County, Florida Board of County Commissioners as Obligee in the sum of Four Hundred Sixty Thousand Two Hundred Sixty Two & 00/100 Dollars 460,262.00 ($ �. for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the Otf�l day of A g L( 2E1 l 3 with Obligee for 13 -6052 Coronado Canal & Gator Slough Canal Bridge Repairs in Naples,, FL accordance with drawings and specifications, which contract is irtcorpAprated by reference and made a part' hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is. that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida, Statutes, supplying; Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in -or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this Qom" day of PrV rs ( 20 13 , the name of each party being affixed and these presents duly signed by its under. signed representative, pursuant to authority of its governing body. 13 -6052 Coronado & Gator ,Slough. Canals Bridge Repairs 34 Signed, sealed and delivered: in the presence of: W.driesses as to Principal STATE OF Of (I'-- COUNTY OF The foregoing 20J'3, by � corporation. He /she identification: and did PRINCIPAL. CSJ of SWFL, Inc. BY: NAME: ITS: was acknowledged before rn this Z Co aaty of � � � as of L /7c.. a E'Loc r «-- corporation, on behalf of the rson illy—Wn—o-yW to me OR has produced as take an oath, My .Commission Expires: i4pri I l S, Z-01 5— "'� p'�•,, DAWN PETERSON °` Notary Public - State of Florida • •r My Comm. Expires Apr 15, 2015 Commission # EE 69404 Bonded Through National Notary Assn. (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety DAME: (Legibty Printed) Notary Public, State of ©- a w Commission No.: ElE, O SURETY: American Southern Insurance Co m My''``'' (Printed Name) -,, •,.'.' ,,, OT _ slit 11481 Old St. Augustine Rd Ste 104 Jacksonville, FL 32258 l (Busine Address • ar ...... (Auth , lzed Signature). Jason S. Centrella, Attorney in fact (Printed Name) 13 =6052 Coronado& Gator Slough Canals. Bridge Repairs 35 q-u A"�t a- Witnesses OR AX As Attor yin Fact (Attach awe, of Attorney) Jason S. Centrella (Printed Name) F ason .S. Centrella 1aa Res. Agent #A300489 11481 Old St. Augustine Rd., Ste 104 P.O. BOX 600962 Jacksonville, FL 32258 acksonville, FL 32260 (Business Address) 904- 230 -1324 904 - 230 -1324 (Telephone Number) STATE OF Florida COUNTY OF Duval The foregoing instrument was acknowledged before me this 26th day of April , 2013 by Jason S. Centrella as Attorney In Fact of American Southern Insurance Company Surety, on behalf of Surety. He /She is personally known to me OR has produced take an oath. N/A as identification and who did (did not) My Commission Expires: 06/14/2016 (Signature) FELICA ZUNINO Commission # EE 208408 Expires June 14, 2016 Name; Felica Zunino -� •` 8-WT uTrorFMftraMeW0 -U5 -7019 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of:. Florida Commission No.: EE 208408 13 -6452 Coronado & Gator Slough Canals Bridge Repairs 36 EXQ1113.11T A 2:. PUSUC RE O -13 ANC BC N Coronado I Canal & Gator Slough Canal Bridge Repairs Bond. No, 59369 Contract No. 13-6052 KNOW ALL MEN BY THESE PRESENTS..: That CSJ of SWFL, Inc,. as Principal, and American Southern Insurance Company I as Surety, located at 11481 Old St. Augustine Rd., Ste 104, Jacksonville, . FL 32258 (Business Address) are held and firmly bound to Collier County, Florida Board of County Commissioners as Obligee; in the sum of Four Hundred Sixty Thousand Two Hudred Sixty Two & 00/100 Dollars (s 460,262.00 for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, PrInCinat has entered into a contract dated as of the 4(A day of A-p f-t- 20 (2) with Obligee for 13-6052 Coronado Canal & Gator Slough Canal Bridge Repairs in accordance With drawings I and specifications, which contract is incorporated by reference and made part hereof, and is referred. to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract, 7- M10 2. Pays Obligee any and all losses, damages, costs and attorneys` fees that Obligee sustains because of any default by Principal Under the Contract,. including,, but not limited to, all delay damages, whether liquidated or actual, incurred l by Obligee; and 3. Performs the guarantee of all work and materials furnished under the. Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the :changes do, not affect Sureties obligation under this Bond. The Surety,. for value received, hereby stipulates and, agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications: referred to therein shall in anywise affect Its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. 13-6052 Coronado & Gator Slough Canals Bridge Repairs 37 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 255.45, Florida Statutes, shalt not, apply to this :bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond: regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this Q4! day of Aq2 d 24 t 3 , the name of each party being affixed and these presents duly higned by its undersigned representative, pursuant to authority of its governing body. Signed, seated and delivered in the presence of: PRINCIPAL CSJ of AWFL, Inc. BY: W' a ses as to Prin ipal I'+tAMB: ITS: STATE OF COUNTY OF T forgoing instrument was a nowledged before me this Z� ay of r I 201S a by ©/ ✓� 0n�5 , as of C, cz?7 /" s , a corporation, on behai# of the corporation. He/she is a y known to me OR has produced ..as identification and did not} take ath. LPp.Y PVi DAWN PETERSON ;`Sl nafure :•'r °. ;` Notary Public - State of Florida ` g • ' : My Comm. Expires Apr 15, 2015 Commission # EE 69404 NalnQ:w �� CA� Bonded Through National Notary Assn. (Legibly Printed) (AFFIX OFFICIAL. SEAL) Notary Public; State of: o r r �u-- Commission No.: ` 't- �C) 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 38 ATTEST: VVitnesses as to Surety messes Jason S. Centrella Florida Res. Agent #A300489 P.O. Box 600962 Jacksonville, FL 32260 904 - 230 -1324 STATE OF Florida COUNTY OF Duval Jacksonville, FL 32258 (BUSin SS Address) (Ruth ed Signature) ,Jason S. Centrella Attorney in fact (Printed Name) OR As A rney in Fact (Attach Power of Attorney) Jason S. Centrella (Printed name) 11481 Old St. Augustine Rd., Ste 104 Jacksonville, FL 32258 (Business Address) 904 - 230 -1324 (Telephone Number) The foregoing instrument was acknowledged before me this 26th day of April 2013 by Jason S. Centrella as- Attorney -in -Fact Of American Southern Insurance Company , a Kansas Surety, on behalf of Surety. He /She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Commission Expires: 06/14/2016 (Signature) FELICA ZUNINO €•; Commission # EE 208408 :- Expires June 14, 2016 (AFFIX OFFICIAL SEAL) Name: Felica Zunino (legibly Printed) Notary Public, Staff: of: Florida Commission No.: EE 208408 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 39 SURETY: &^C ' u American Southern Insurance Company (Printed Name) 11481 Old St. Augustine Rd., Ste 104 Jacksonville, FL 32258 (BUSin SS Address) (Ruth ed Signature) ,Jason S. Centrella Attorney in fact (Printed Name) OR As A rney in Fact (Attach Power of Attorney) Jason S. Centrella (Printed name) 11481 Old St. Augustine Rd., Ste 104 Jacksonville, FL 32258 (Business Address) 904 - 230 -1324 (Telephone Number) The foregoing instrument was acknowledged before me this 26th day of April 2013 by Jason S. Centrella as- Attorney -in -Fact Of American Southern Insurance Company , a Kansas Surety, on behalf of Surety. He /She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Commission Expires: 06/14/2016 (Signature) FELICA ZUNINO €•; Commission # EE 208408 :- Expires June 14, 2016 (AFFIX OFFICIAL SEAL) Name: Felica Zunino (legibly Printed) Notary Public, Staff: of: Florida Commission No.: EE 208408 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 39 AMERICAN SOUTHERN INSURANCE COMPANY Home Office: 3715 Northside Parkway, NW Mailing Address: P. O. Box 723030 Bldg. 400, Suite 800 Atlanta, GA 31139 -0030 Atlanta, Georgia 30327 GENERAL POWER OF ATTORNEY Know all men by these Presents, that the American Southern Insurance Company had made, constituted and appointed, and by these presents does make, constitute and appoint Stefan E. Tauger of Parker, Colorado; Donald J. Kersey of Birmingham, Alabama; Arthur S. Johnson of Atlanta, Georgia; Donald H. Gibbs of Atlanta, Georgia; Andrew C. Heaner of Atlanta, Georgia; Richard L. Shanahan of Atlanta, Georgia; Jeffery L. Booth of Parma, Ohio; James E. Feldner of West Lake, Ohio; Cheryl L. Torrao of Lutz, Florida; Garry W. Black of Murfreesboro, Tennessee; Martha G. Ross of Charlotte, North Carolina; David R. Brett of Columbia, South Carolina; Melanie J. Stokes of Atlanta, Georgia; Jason S. Centrella of Jacksonville, Florida; Brian Clark of Matthews, North Carolina; Michael K. Thompson of Atlanta, Georgia; Julie Klinner of Birmingham, Alabama; Kelley E.M. Nys of Decatur, Georgia; or Diane L. McLain of Fitchburg, Wisconsin, EACH as its true and lawful attorney for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount of the sum of $1,000,000 (one million dollars), including but not limited to consents of surety for the release of retained percentages and /or final estimates on construction contracts or similar authority requested by the Department of Transportation, State of Florida; and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of the presents, shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the American Southern Insurance Company on the 26th day of May, 1998: RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the American Southern Insurance Company bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future, with respect to any bond undertaking or contract of suretyship to which it is attached. In Witness Whereof, the American Southern Insurance Company has caused its official seal to be �,h,(*etb)afif�ed, and these presents to be signed by its President and attested by its Secretary this 4th day of February, 2011.�`�� i, C`` Attest: � __ �7C7 American Southern Insurance Corrt�i`s,•� �r T Gail A. Lee, Secretary Scott . Thompson, PV STATE OF GEORGIA .R- SS: COUNTY OF FULTON `Zr On this 4th day of February, 2011, before me personally came Scott G. Thompson to me known, who being by me duly swdrryfrc (- p,9*1'and say that he resides in Atlanta, in the County of Fulton, State of Georgia, at 421 Hollydale Court; that he is the President of American dut ern Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal a axed to the said instrument is such corporate seal; that it was so affixed and that he signed his name thereto pursuant to due authorization Candace T. Cheatham STATE OF GEORGIA Notary Public, State of Georgia SS: Qualified in DeKalb County ' COUNTY OF FULTON Commission Expires December 7, 2013 I, the undersigned, a Vice President of American Southern Insurance Company, a Kansas Corporation, DO HEREBY CERTIFY th`aT'thp foregoing and attached Power of Attorney remains in full force and has not been revoked; and, furthermore, that the Resolution of the Executive Comm ttq&of the Board of Directors set forth in the Power of Attorney is now in force. Signed and sealed at the City of Atlanta, Dated the day of John R. uf Power 24659 f Vice President EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the,full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County ", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. - Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 40 The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 41 Collier County Florida Insurance and Bonding Requirements Insurance 1, Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $2,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor / Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 2,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 42 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida, and insured by the Federal Deposit Insurance Corporation. 7. 0 Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds`shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A2 or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Date Agent Name Telephone Number 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 43 i--� CSJOF -1 OP ID: JF CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DATE 051/4120/ YY) 05!14!2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Phone:239- 939 -1400 NAME: Five County Insurance Agency Fax: 239 - 939 -3813 14120 Metropolis Avenue Fort Myers, FL 33912 Stephen Dannenhauer PHONE A/C. No Ext : A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC M INSURERA: Brid efield Employers Ins Co 10701 INSURED CSJ of Southwest Florida Inc INSURER13: Travelers Casualty & Surety C 15790 Chief Ct Suite 1A Fort Myers, FL 33912 INSURERC:Old Dominion Ins Co /MSA Group 40231 INSURERD: Princeton Excess & Surplus 10786 INSURER E : MAGETORENTED PREMISES Ea occurrence $ 100,000 INSURER F : CLAIMS -MADE FXI OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSR WV POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 C X COMMERCIAL GENERAL LIABILITY X MPG6346G 11!0812012 11/08!2013 MAGETORENTED PREMISES Ea occurrence $ 100,000 CLAIMS -MADE FXI OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X Blkt.Add'I.InS. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP/Op AGG $ 2,000,000 $ POLICY X I PRCof LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO BA8A780745- 12 -SEL 11108/2012 11/0812013 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS NON -OWNED X HIRED AUTOS X AUTOS PROPERTY DAMAGE Peraccid.nt $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 D X EXCESS LIAB CLAIMS -MADE 0979974 05/08/2013 0510812014 DIED I I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERJMEMBER EXCLUDED? (Mandatory In NH) NIA 830 -38562 11/08/2012 11/08/2013 X WC STATU- OTH- -L EL EACH ACCIDENT $ 1,000,000 E . DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Equipment Floater MPG6346G 11/08/2012 11/08/2013 Owned 25,000 Leased 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured: Collier County Board of County Commissioners Naples FL Re: Contract # ITB 13 -6052 For any and all work performed on behalf of Collier County. Fax: 252 -8048 CERTIFICATE HOLDER CANCELLATION COLL280 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COUNTY COMMISSIONERS 2800 N HORSESHOE DR AUTHORIZED REPRESENTATIVE NAPLES, FL 34104 © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared _ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands; damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 20 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses .for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's (monthly /final] Application for Payment No. CONTRACTOR BY: ITS: DATE: Witnesses STATE OF COUNTY OF resident The foregoing instrument was acknowledged before me this - day of 120 , 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: NAME: (AFFIX OFFICIAL SEAL) (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 44 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE: Original Contract Time: Revised Contract Time: Bid No. Project No. Purchase Order No. Application Date _ (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) 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 $ Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Remaining Contract Balance $ Project Name) ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : . (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 45 & / ± � I k \ \ 2 \ ( \ J \w_= °�E /$ n u_ (D u) f� - «}) �/ ) \ § �f ?2 w 5\ 2z �3 e/ 7m LLI »\ o, w_ §\ \- %2 <0 F- §/ z 2 §� . gq $g §k §� \_ `) k7 �2LU F �@ <wM< .02 °° §> w0 :[ = o \§ cn \_\ F— �j E m$ �a S §I �\ 7 – = = a. �. /)z � %\ 2 L �} 0< ■ o 20 m, § A§ w ]f _ 2cm a Al) \ /\ \ LU D< }\ ®} m \ \ § W aD %0 §/ a J . \ \a 0 \C CLCL . �.0 _ 7 #° 3 �E§ \ [ ƒ5 0 m j\f � § \// � E ® f CL CL W c 0 /Q o | � �7 � \ 2 uj § �ƒ § / & / ± � I k \ \ 2 \ ( \ u m t Q t4 E O w 'a `o as y y R m L O N C O U_ D :n x w a a) a> m ca N U t m 0 0 m 0 ca O a as c O 0 U N lC) O O c� r o as w c N �a c R — m 'a o a1 'L ;a o. y y C t _A y y 3 U � w > y — a -a o •L > d � y 3 > Q O 'm > v d O C d � V � O E C Z G 0 �L V y d as w as 0 a a) a> m ca N U t m 0 0 m 0 ca O a as c O 0 U N lC) O O c� r TO: Project Name: Bid No. : Change Order No.: Change Order Description EXHIBIT E: CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................ ............................... $ Sum of previous Change Orders Amount ........ ............................... $ This Change Order Amount .............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Authorized by Director (For use by Owner: Fund Cost Center: Number: ) Date Date: Date: Date: Date: Date: Date: Object Code: Project 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER' And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 51 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 120 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on .20 By: OWNER Type Name and Title 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 52 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: _ Contractor: The following items have been secured by the for the Project known as Date: , 20 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 53 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation. Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name &Title) 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 53 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents: 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 54 the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 55 schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to the Project Manager and /or his designee. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, -but delivered 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 56 and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent '(50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit. C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 57 Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4:11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 58 unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by -Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 59 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing., The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by 13 -6052 Coronado &,GatorSlough Canals Bridge Repairs 60 Contractor and making - changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating, each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 61 site, shall be accurately located on the annotated drawings as to depth and relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time 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. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 62- 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering 'life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 63 separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the 43 -6052 Coronado & Gator Slough Canals Bridge Repairs 64 Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 65 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 66 Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's 1 vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Veri fy. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 67 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work-, or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 68 damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including_ appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re- letting the Work, and in settlement, discharge or, compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the, right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 69 retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 70 the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and 'governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 71 responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or, approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 72 (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work,, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by ,correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 73 extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor.. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 74 benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty - eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. - 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 75 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 76 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager.. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management, and available on -line at colliergov.net/purchasing. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 77 The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 78 composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 79 assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on =site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 80 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 Subcontractor Licenses Shop Drawing Submittal /Approval Logs Equipment Purchase /Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost - Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As- Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to, Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35 SECURITY: 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 81 If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in, the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS. An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 82 The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 83 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 84 EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 85 EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.cofiergov.net/bid/ • Example of Special Purpose Permit 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 86 Permittee Name: Name Permit No.: SPGS -XX XX Permittee Address: Address Effective Date: xx/xx/xxxx City, State Zip Expiration Date: xx/xx/xxxx IS AUTHORIZED TO: Capture and release or kill American alligators (Alligator ippiensis), pursuant to Rules 68A -9.002 and 68A- 27.003, F.A.C., at the permitted location(s) under t ollowing provisions /conditions. AUTHORIZED LOCATIONS: Detailed listing/description of area including a in 2. E alligator killed mus e reported through the Nuisance Alligator Hotline [866 - FWC -GATOR (392- 42 1 or v' nap c.coml within 24 hours. 3. Alligators that are kil must be: (1) disposed of at the location killed or an alternative location within the permitted prope (2) transported directly to a municipal landfill the day of the .killing, or if necessary m d on the permitted property and transported to a municipal landfill as soon as feasible. A rece t must be obtained from the landfill detailing the number of carcasses disposed of The receipt must be provided to the managing authority and FWC; or (3) disposed of as otherwise approved in writing by Mr. Lindsey Hord (Lindsey.hordgm c.com ). No alligator parts may be removed from the carcass prior to disposal. Page 1 of 2 PERMIT NO. SPGS- 4. Alligators captured for release must be released at the end of the work day or when the work is completed, whichever occurs first. Any alligator held for release greater than 24 hours must be housed in facilities in compliance with the standard Caging Specifications For Captive Wildlife as detailed in Rule 68A- 6.004, F.A.C. 5. Alligators captured for release may be transported and released up to 1 mile from Jhe capture site. 6. Alligators may not be enticed in any manner. 7. All individuals must have this permit in their possession when engaged 8. This permit expires on XXXXXXXX but is subject to revocation prior to that t' rsuant to 120, Florida Statues and Rule 68A - 5.004, F.A.C. Y 10 9. If you have any questions regarding any provision of this perm tact Mr. H �' J. on, Alligator Management Program Coordinator, by telephone at (8 8 -38� Page 2 of 2 PERMIT NO. SPGS- EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: / /bid.colliergov.net/bid/ 13 -6052 Coronado& Gator Slough Canals Bridge Repairs 87 EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ • Geotechnical Report of Bridge Pavement Deck & Timber Pile Cores 13 -6052 Coronado & Gator Slough Canals Bridge Repairs 88 g 3 �A v� ®w� V W ti Q Q 4 � W W 4 0 W J p � U V 2 h ¢ 2 Z � H � m � — o � IJI�,�m�LLSwi CL- Q _o V J IU W IVAII FA O � 2 O = w � �� z- A OP w 2� 8= � W o J �a O U J O U O � c5 O = 2= ~U C W_ c� W ti Q Q 4 � W W 4 0 W J p � U V 2 h ¢ 2 Z � H � m � — o � IJI�,�m�LLSwi CL- Q _o V J IU W IVAII W a cz O ct W � Q W � 2 tC o W O U Q � 2 m � N � W � ti W 2 2 W 0 U 4! 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C - O W W WU C� z s,5 � °m °m mz I O� W W Ln O WWWWW WOU zW 2� Q f W > �a xx xxxxhN w UO WW ¢ m3 - ui EOm O WWW WWWii ¢ O NO ° �° O JI =W Vl � tJ� � �Inxxxxxpiv iv z H �„ z a ulo aNN+ r= � U I W u1 I � a x x 2 WC N 2I G 'gui J IO I� F-� mQb0000m�6 0 °a I°n °¢ Zw a LL� lI �Vl z I I �C7 z ¢u�ixxxxx �.xx omW ea o aW V >Wy,U� J v m J? a rvrNNni. io dp m 3 OWE ¢¢ ^ i= N�� >gi3 I I - a U I W° W Nu 2 VlO Lj) // 2 S - z - (Y WN ¢ a a a a W W o z• o° o W I {y I W zWWWWWm za O YW W WW °00000 o-' I- wz zz o m� -'I- � vl vi ul v-+i lna au 0 0 0 0 0 0 0 0 N �i Q u ¢ W W I 2 U 2- lily HN2h2H2z ¢ C� -� ¢W O 4 tii uoC 2Q ¢ �¢ 2U O C4 Q 20 0U Q h °UZ y� N �< O p W ¢ 4 »+J ! . . | \ \ - U- / \\ . . . /\ � \ � /it | . \ ~\ � }\ \ \. \ \ � - - & ~ 3 ; \m \ - LU 2 § _ § /«x \ LU zw LU \q�\ ! \§ ) § 0 a r REPORT OF BRIDGE PAVEMENT DECK AND TIMBER PILE CORES C.R. 846 BRIDGE OVER GATOR CANAL COLLIER COUNTY, FL P.O. NO. 4500137825 Ardaman & Associates, Inc. Geotechnical. Environmental and Materials Consultants OFFICES MEMBERS: A.S.F.E. American Concrete Institute American Society for Testing and Materials Florida Institute of Consulting Engineers Orlando, 8008 S. Orange Avenue, Orlando, Florida 32809, Phone (407) 855 -3860 Bartow, 1525 Centennial Drive, Bartow, Florida 33830, Phone (863) 533 -0858 Cocoa, 1300 N. Cocoa Blvd., Cocoa, Florida 32922, Phone (321) 632 -2503 Fort Myers, 9970 Bavaria Road, Fort Myers, Florida 33913, Phone (239) 768 -6600 Miami, 2608 W. 841l' Street, Hialeah, Florida 33016, Phone (305) 825 -2683 Port St. Lucie, 460 Concourse Place NW, Unit 1, Port St. Lucie, Florida 34986, Phone (772) 878 -0072 Sarasota, 78 Sarasota Center Blvd., Sarasota, Florida, Phone (941) 922 -3526 Tallahassee, 3175 West Tharpe Street, Tallahassee, Florida 32303, Phone (850) 576 -6131 Tampa, 3925 Coconut Palm Drive, Suite 115, Tampa, Florida 33619, Phone (813) 620 -3389 West Palm Beach, 2200 N. FL Mango Rd., Ste. 101, West Palm Bch., FL 33409, Phone (561)687 -8200 MEMBERS: A.S.F.E. American Concrete Institute American Society for Testing and Materials Florida Institute of Consulting Engineers u - Ardaman & Associates, Inc. =go%Geotechnical Environmental and Materials Consultants Ardaman Project No. 12 -33 -4543 _ 25 -SEPT -2012 Collier County Government Growth Management Division CSM Stormwater Management 2885 S. Horseshoe Drive Naples, FL 34104 Attention: Ms. Margaret A. Bishop, P.E. Subject: Report of Bridge Pavement Deck and Timber Pile Cores C.R. 846 Bridge over Gator Canal Collier County, Florida P.O. No. 4500137825 Dear Ms. Bishop: As requested and authorized by Collier County Government, Ardaman and Associates, Inc. ( Ardaman) obtained cores of the subject bridge deck concrete and timber piles to aid in the final design of the bridge repairs to be performed by Stanley Consultants. On September 12, 2012, five cores of the concrete deck were obtained: three from the original bridge deck placed in 1955 and one each from the widened sections performed in 1977. A four -inch diameter core barrel was used to obtain the cores by coring into the bridge deck approximately 6 to 7 inches and then snapping off the specimens, typically just above a steel bar. Each core hole was filled with high strength (5,000 psi), fast setting concrete. An increment borer was used to obtain 0.2 inch wood cores to a depth of 6 inches from three timber piles. The bored hole was then filled with a polyurethane sealant. The concrete and wood specimens were then returned to our laboratory for further evaluation. Each concrete core was observed to be sound and well consolidated. No reinforcing steel was encountered except for Core No, 5 where one bar was cut about 3 inches from the concrete surface. The concrete cores had an asphalt overlay that ranged in thickness from 1/2 to 1 -1/2- inches. Concrete core locations are shown on the attached Figure 1, which is an aerial photograph of the bridge deck. Photo 1 shows the five cores. 9970 Bavaria Road, Fort Myers, Florida 33913 Phone (239) 768 -6600 FAX (239) 768 -0409 1 Florida: Bartow, Fort Myers, Miami, Orlando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach Louisiana: Alexandria, Baton Rouge, Monroe, New Orleans, Shreveport Report of Bridge Pavement Deck and Timber Pile Cores 25 -SEPT- 2012 C.R. 846 Bridge over Gator Canal Ardaman Project No. 12- 334543 Collier County, FL — P. 0. No. 4500137825 Page No. 2 Each concrete core was trimmed and then tested in compression in accordance with ASTM C42 and C39. Compressive strength of the original concrete (1955) ranged from 3630 to 5330 psi. The compressive strengths of the two cores from the widened section were 4890 and 7060 psi. Results are summarized on the attached Report of Compressive Strength of Concrete Cores. Photo 2 is a photograph of the timber piles. Photo 3 and 4 show the increment borer screwed 6 inches into a timber pile to obtain a 0.2 -inch core. Cores were obtained from three timber piles: one from pile 2 and one from pile 4 in intermediate bent 2, and one from pile 2 in intermediate pile 6. Each core was observed to have some surface deterioration to a depth of a few tenths of an inch, after which the wood was observed to be sound and well preserved with creosote. Photos 5 and 6 are photographs identifying the core and its location followed up with a close -up of the core. Photo 7 and 8 and 9 and 10 repeat this sequence for the other two cores. We appreciate the opportunity to be of service to you on this project. Please contact the undersigned if you have any questions about this information. Very truly yours, Ardaman & Associates, Inc. Florida Certificate of Authorization No. 00005950 r Gary A. Drew, P.E. Vice President)Branch Manager GADlegs Attachments): Core Location Plan (Figure 1) Photographs 1 through 10 Report of Compressive Strength of Concrete Cores Distribution: Client - 2 hard copies + electronic email Stanley Consultants, Inc., Mr. Don Rainey via email t1 -File SEW Ardaman & Associates, Inc ATTACHMENTS: CORE LOCATION PLAN - FIGURE 1 PHOTOGRAPHS -1 THROUGH 10 REPORT OF COMPRESSIVE STRENGTH OF CONCRETE CORES At aa � NOW Ak >� It b`$ 2 H' 1' Y6r;' � �' m GYM • 7 �ro. Photo No. 1 - - CONCRETE CORES FROM BRIDGE DECK Photo-No, 2'- TIMBER PILES UNDER BRIDGE DECK / d Photo No. 5 - CORE FROM TIMBER PILE 2 IN BENT 6. 1 im I� t i Photo No. 7 - CORE FROM TIMBER PILE 4 IN BENT 2. Photo No. 8 - CLOSE -UP VIEW OF CORE. od,2 1 0440 14 Photo No. 9 — GORE FROM TIMBER PILE 2 IN BENT 2. Lot Photo No. 10 — CLOSE-UP VIEW OF CORE. Lot 0 7 F u n Ll n n 0 Ardaman & Associates, Inc. 9970 Bavaria Road IM Fort Myers, Florida 33913 Phone (239)768 -6600 Fax (239)768 -0409 Florida Certificate of Authorization No. 00005950 REPORT OF COMPRESSIVE STRENGTH OF CONCRETE CORES PROJECT: REPORT OF BRIDGE PAVEMENT DECK AND TIMBER FILE NO: 12 -33 -4543 PILE CORES - C.R. 846 BRIDGE OVER GATOR CANAL COLLIER CO., FL - P.O. # 4500137825 REPORT NO.: 1 REPORTED TO: COLLIER COUNTY GOVERNMENT CLIMS #: N/A GROWTH MANAGEMENT DIVISION C &M COPIES: 2- CLIENT STORMWATER MANAGEMENT 1- STANLEY CONSULTANTS, INC. 2885 S. HORSESHOE DR. MR. DON RAINEY NAPLES, FL 34104 ATTENTION: MS. MARGARET A. BISHOP, P.E. CORED BY: C. WOOTEN DATE CORED: 18 -SEPT -2012 DATE TFSTFn. 95- .qFPT -9n19 Core Location Length of 9 Core (in.) Length of Core Before Capping (in.) Length of Core After Capping (in.) Average Diameter (in.) Area (sq. in. ) Maximum Load. (lbs ) Compressive Strength (Psi) Comments BRIDGE DECK 1. OLD DECK, SW 5 -1/2 5.45 5.62 3.71 10.82 52160 4630 2. OLD DECK, CENTER 5 -1/2 5.40 5.52 3.71 10.82 40860 3630 3. NEW DECK, SE 1 6 5.30 5.56 3.71 10.82 53940 4890 4. OLD DECK, NE I 5 4.62 4.84 3.71 10.82 61320 5330 5. NEW DECK, NW 7 5.95 6.15 3.71 1 10.82 78760 7060 Concrete core samples obtained and moisture conditioned in accordance with ASTM Test Method C42 and tested in accordance with ASTM Test Method C39 unless noted otherwise below. Notes: (1') Direction of load application on each specimen with respect to the horizontal plane of the concrete as placed. 0 perpendicular F1 parallel (2) Nominal maximum size of concrete aggregate= 3/4"-1" (3) Age of concrete (days): unknown (4) Cone fracture of specimen observed unless noted otherwise. (7) Deviations from moisture conditioning: n/a (8) Additional notes: GARY A DREW, P.E., VICE PRESIDENT FL. LICENSE NO. 35504 AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC, AND OURSELVES, ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENTS AND AUTHORIZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL.. i EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNEUTO THE PROJECT v i m�u +�Ei, ibn 1 , Name Glenn Jones George Augusto 13- 6052 Coronado & Gator Slough Canals Bridge Repairs Personnel Category Construction Superintendent Project Manager [.A]