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Agenda 04/26/2016 Item #16D11 4/26/2016 16.D.11 . EXECUTIVE SUMMARY Recommendation to approve Change Order #05 to Contract No. 14-6320, adding one hundred twenty (120) days and increasing the total project cost by $69,623.72,to Danella Utility Construction Inc., on the Vanderbilt Beach MSTU (the "MSTU") Underground Utility Conversion Project Phase II and III and approve an Agreement wherein Florida Power & Light Company ("FPL") agrees to pay repair costs associated with the improper installation of conduit. OBJECTIVE: To complete the MSTU's portion of its underground utility conversion project to bury utility service on Phase II and III of the project and to approve an Agreement with FPL to recover repair costs associated with the improper installation of conduit. CONSIDERATIONS: The Board awarded contract number 14-6320 to Danella Utility Construction Inc. on October 28, 2014 (Agenda Item 11F) for the installation of conduit for the Phase II and III Vanderbilt Beach MSTU Utility Conversion Project at a value of$2,637,081.00. The conduit installation was completed in February 2016. On March 4, 2016, MasTec Inc., the contractor hired to install the FPL network, informed the Public Transit and Neighborhood Enhancement's (PTNE) staff that there were issues with the installation of the conduit installed by Danella at fourteen(14)vault locations. Installation examinations were conducted by representatives from FPL, MasTec, Danella and HoleMontes (project CEI) from March 4th to March 9th to determine the exact scope of the deficiencies and, if necessary, the possible corrective measures which could be employed to correct those deficiencies. The result of the examination concluded that the installation method for thirteen (13) out of fourteen (14) vaults have to be corrected; the vaults were not installed according to the FPL blueprint, rather an on-site FPL representative provided verbal instructions given on-site field conditions. Danella Utility Construction Inc., followed those instructions without receiving the proper change order documentation from PTNE staff. During the installation examination, it was also determined that the blueprints FPL provided included inaccuracies. Although the Danella project manager followed the FPL field supervisor's direction, because the blueprints and the field instructions were incorrect, the vaults must now be corrected to conform to the appropriate specifications. Procurement Services and PTNE staff met with Danella,MasTec,FPL and Hole Montes on March 14th and March 23rd to discuss the deficiencies and to identify "agreed upon" corrective measures. As of March 30, 2016, the contractors, the consultant and FPL agreed on the solution for correcting the work on the thirteen deficient vaults. The cost to fix the problem is $69,623.72 and it will take one hundred twenty (120) days to make the necessary repairs. Staff consulted with the County Attorney's Office to discuss its remedies to recover the cost of repairs, and letters were sent to FPL, Danella and Hole Montes. While not admitting any fault or liability, subsequent conversations with FPL resulted in FPL agreeing to absorb and pay the repair costs and release the County from any liability associated with the necessary repairs. A copy of FPL's proposed Agreement is attached for the Board's approval. The network installation portion of the project will be delayed if these repairs are not completed in the near future. Such a delay could impact other County utility projects planned in the area. Staff recommends that the Board approve Change Order # 5 to Contract No. 14-6320 adding one hundred twenty (120) days and increasing the total project cost by $69,623.72 to Danella Utility Construction Inc. for the Vanderbilt Beach MSTU Utility Conversion Project Phase II and III and to approve the attached Agreement with FPL providing for its payment of the costs associated with making the necessary repairs. Packet Page -1610- 4/26/2016 16.D.11 . FISCAL IMPACT: The estimated amount of $69,623.72 is available in Fund 143, and there is sufficient funds remaining on the existing contract with Danella to cover the cost for this work. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTHMANAGEMENTIMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves Change Order # 5 to Contract No. 14-6320 adding one hundred twenty (120) days and increasing the total project cost by $69,623.72 to Danella Utility Construction Inc. for the Vanderbilt Beach MSTU Utility Conversion Project Phase II and III and approve the attached Agreement with FPL in which FPL agrees to pay the repair costs associated with the improper installation of conduit. Prepared By: Harry Sells,MSTU Project Manager-PTNE Division Attachments: 1) 16-6554 Danella Contract (http://apps3.col liergov.net/agenda/ftp/2016BCCMeetings/A gendaMarch221.6/PubServices/6554DanellaContract.pdf) 2)Danella Vista Switch Pipe Re-Work Quote 3)Change Order#05 4)Demand Letter to Danella 033116 5)Demand Letter to FPL 033116 6)Demand Letter to Hole Montes 033116 8)FPL Agreement Final 041916 Packet Page-1611- 4/26/2016 16.D.11 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to approve Change Order#05 to Contract No. 14-6320, adding one hundred twenty (120) days and increasing the total project cost by$69,623.72 to Danella Utility Construction Inc. on the Vanderbilt Beach MSTU (the "MSTU") Underground Utility Conversion Project Phase II and Ill. Meeting Date: 4/26/2016 Prepared By Name: ArnoldMichelle Title: Division Director-Pub Tran&Nbrhd Enh,Public Transit&Neighborhood Enhancemt 3/10/2016 3:39:29 PM Submitted by Title:Project Manager,Public Transit&Neighborhood Enhancemt Name: SellsHarry 3/10/2016 3:39:30 PM Approved By Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 3/11/2016 9:49:02 AM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 3/29/2016 4:22:39 PM Name: ArnoldMichelle Title:Division Director-Pub Tran&Nbrhd Enh,Public Transit&Neighborhood Enhancemt Date: 3/30/2016 6:33:54 PM Name: HerreraSandra Title: Manager-Procurement,Procurement Services Date: 3/31/2016 4:30:00 PM Packet Page -1612- 4/26/2016 16.D.11. Name: MarkiewiczJoanne Title:Division Director-Procurement Services,Procurement Services Date: 4/1/2016 6:43:25 AM Name: BurnsRhonda Title: Procurement Specialist,Procurement Services Date:4/1/2016 3:06:25 PM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date:4/1/2016 4:33:26 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 4/1/2016 4:35:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/4/2016 10:17:45 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Office of Management&Budget Date:4/4/2016 6:05:47 PM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 4/17/2016 11:43:11 AM Packet Page -1613- Vista Switch Pipe Re-Work 4/26/2016 16.D.11 . ITEM DESCRIPTION: DESCRIPTION Vista Switch Pipe Re-Work Collier County-Vanderbilt Beach OH to UG Conversion Date: 103/10/16 1Duration(Hrs):I. 150.00 A.-Labor Requirements Description Qty Regular Overtime Labor Total Hrs Hrs Rate Amount Foreman/Operator 1.00 120.00 _ 30.00 _ $54.25 $8,951.25 Loader Operator 1.00 120.00 30.00 $31.00 $5,115.00 Pipelayer 1.00 120.00 30.00 $31.00 $5,115.00 Skilled Laborer _ 1.00 3.00 0.00 $27.90 _ $83.70 0.00 0.00 0.00 _ $0.00 $0.00 0,00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 _ $0.00 $0.00 0.00 0.00 0.00 _ $0.00 _ $0.00 0.00 0.00 0.00 $0.00 $0.00 Sub Total $19,264.95 B.-Equipment Requirements Description Qty Rate/Hr Operating Duration Amount Cost/Hr (Hrs) Pick-up Truck 2.00 $12.85 _ $5.90 120.00 $4,500.00 CAT 430 Backhoe 1.00 $51.00 $15.05 120.00 $7,926.00 Mini Excavator 1.00 $13.21 $7.65 120.00 $2,503.20 Dump Trailer 1.00 $12.50 $0.00 120.00 $1,500.00 10 Ton Trailer 1.00 $12.50 $0.00 _ 120.00 $1,500.00 Sub Total $17,929.20 C.-Material Description Qty Unit Rate Amount (w/tax) -41c Sprinkler Repair Material 1.00 LS $100.00 11 :4: $100.00 $0.00 ,., _ $0.00 ,,, $0.00 - � $0.00 ' $0.00 $0.00 $0.00 $0.00 te $0.00 Sub Total r k a $100.00 D.-Subcontractor Requirements Subcontractor Qty Unit Rate Amount (w/tax) , a,Euxr" 4: "01. $0.00 :s:,,',„*E:Mrt,,,:: $0.00 a'%'xr ' $0.00 4`''7 $0.00 "? $0.00 Sub Total $0.00 E.-Misc. Requirements Description Qty Unit Rate X Days Amount (w/tax) Sidewalk Removal 400.00 SF $46.80 _ - $18,720.00 Temporary Sidewalk 400.00 SF _ $11.30 $4,520.00 Per Diem 3.00 Day $20.00 15.00 $900.00 House Rent&Yard Rent 15.00 Day $173.03 $2,595.45 Sub Total $26,735.45 Total $64,029.60 Mark-up on Labor(15.0%) 15% $2,889.74 Mark-up on Materials(15.0%) 15% $15.00 Mark-up on Equipment(15.0%) 15% $2,689.38 Mark-upon Subcontractors(15.0%) 15% $0.00 Grand Total: $69,623.72 REMARKS: The above cost is for adjusting the 6"feeder pipe and some primary ducts at 12 Vista Switch Locations.The pipe was placed at these switch cabinets per the direction of FPL which has since been found to be incorrect. Packet Page -1614- Page 1 Confidential _..--_. Co t , Comity 14/26/2016 16.D.11. Change Order Form [' Contract Modification ❑Work Order Modification ❑Amendment Contract#: 14-6320 Change#: 5 Purchase Order#: 4500155836 Project#: NA Contractor/Firm Name: Danella Utility Construction, Inc. Contract/Project: Vanderbilt Beach Utility Conversion Project Manager Name: Harry Sells PTNE 1 9 Y Division Name: Original Contract/Work Order Amount $ 2,637,081.00 10/28/14 11-F Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $ 2,707,770.3f 1/12/16 16-E6 Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $ 2,707,770.31 3/7/2016 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ (67,248.56) 0.13% Total Change from Original Amount Revised Contract/Work Order Total $ 2,640,521.75 -2.48% Change from Current BCC Approved Amount Cumulative Changes $ 3,440.75 -2.48% Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Precede Jan 5,2015 Original 01/05/16 Last Approved 03/07/16 Revised Date 07/05/16 Date Completion Date Date ..cludes this change) #Of Days Added 120 Select Tasks ®Add new task(s) ❑ Delete task(s) ❑ Change task(s) ® Other(see below) Provide a response to the following: 1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/ or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. 1. The contractor hired to install the FPL network, informed staff that there were issues with the installation of the conduit installed by Danella at thirteen (13) vault locations. These problems were the result of inaccurate blueprints provide by FPL and unauthorized work directive changes by the onsite FPL representative. Additionally, value engineering modifications to the methods of construction in a portion of Vanderbilt Drive area and Bluebill Avenue resulted in a cost reduction. The changes outlined on the attached worksheet reflect both adjustment due to changes in the method of construction and will correct these issues. The total 24 lines of changes and 3 added lines result in a deductive change order to the original contract of $67,248.56. 2. This change was not included in the contract because the plans were provided to the county by FPL and the discovery of this was made at final completion. Efforts to recover money from FPL, Danella and Hole Montes (CEI) are ongoing. 3. If this change order is not approved, the Vanderbilt Beach Aerial to Underground Utility Conversion will be delayed and will affect three other active contracts with unknown results. Delay of the project could also affect a large Collier County Utility project scheduled in the same geographical area. ITEM DESCRIPTION Unit PLAN UNIT CONTRACT CHANGE ORDERS QUANTITY PRICE AMOUNT ADD AMOUNT SUBTRACT AMOUNT Trenching Feet incl.inst.Of 5 conduit,backfill and compaction LF 27,208 $10.62 $288,948.96 (136.00) ($1,444.32) . 7 One 2"Conduit LF 9,151 $6.50 $59,481.50 (3,397.00) ($22,080.50) 8 Two 2"Conduits LF 34,000 $7.69 $261,460.00 (163.00) ($1,253.47) 9 Three 2"Conduits LF 165 $9.46 $1,560.90 (2,509.00) ($23,735.14) 10 Four 2"Conduits LF 220 $11.23 $2,470.60 (1,094.00) ($12,285.62) 11 Five 2" Conduits LF 245 $14.20 $3,479.00 (110.00) ($1,562.00) 12 Six 2"Conduits LF 1320 $16.50 $21,780.00 (391.00) ($6,451.50) 14 One 6"Conduit LF 600 $14.78 $8,868.00 (1,969.00) ($29,101.82) Revised: 10/28/2014 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Packet Page -1615- Admin BCC BCC ES 4/26/2016 16.D.11 . ITEM DESCRIPTION Unit PLAN UNIT CONTRACT CHANGE ORDERS QUANTITY PRICE AMOUNT ADD AMOUNT SUBTRACT AMOUNT 1.5 One 6"and two 2"Conduits LF 300 $16.56 $4,968.00 142.00 $2,351.52 23 One 3"and two 2"Conduit LF 9,500 $11.81 $112,195.00 530.00 $6,259.30 24 F One 4"Conduit LF 800.00 $11.25 $9,000.00 369.00 $4,151.25 24 G Two 4"Conduit LF 1000.00 $16.56 $16,560.00 (3,985.00) ($65,991.60) 24 H One 4"and One 2"Conduit LF 200.00 $14.00 $2,800.00 67.00 $938.00 241 One 4"and Two 2"Conduit LF 400.00 $17.25 $6,900.00 (103.00) ($1,776.75) 241 One 4"and three 2"Conduit LF 300.00 $17.56 $5,268.00 (89.00) ($1,562.84) Water Line Vanderbilt Dr.1-3" and 1-2"with metal clamp 25 A fittings and pressure tested LF 8500 $18.80 $159,800.00 (1,703.00) ($32,016.40) Remove Concrete Sidewalk 4' 26 x 10' SF 55 $46.80 $2,574.00 1774.00 $83023.20 Remove Concrete Driveway 27 1.5'x 20' SF 18 $137.43 $2,473.74 (7.00) ($962.01) 28 Remove Asphalt 1.5'x 20' SF 37 $36.36 $1,345.32 (242.00) ($8,799.12) 29 Hand Dig Pit EA 39 $396.00 $15,444.00 100.00 $39,600.00 30 Soft Dig Pit EA 35 $378.00 $13,230.00 116.00 $43,848.00 Set Concrete Transformer 31 pads EA 147 $567.00 $83,349.00 (17.00) ($9,639.00) Set Concrete Vaults(5'x 5'x 34 10') EA 8 $1,162.00 $9,296.00 1.00 $1,162.00 35 Set Primary Vaults(3'x 3'x 5') EA 15 $521.00 $7,815.00 9.00 $4,689.00 36A Summit hand holes EA 6.00 $521.00 $3,126.00 (1.00) ($521).00 36 B Street Light Hand Holes EA 10.00 $355.00 $3,550.00 (2.00) ($710.00) 39 2"HDPE SDR 11 FT 27,000 1.04 $28,080.00 (200.00) ($208.00) 40 3"HDPE SDR 11 FT 8,800 2.89 $25,432.00 (3,100.00) ($8,959.00) 41 4"HDPE SDR 11 FT 57,765 3.74 $216,041.10 643.00 $2,404.82 One 6"Conduit Sub Aqueous Crossing Charge for actual length with Wire line Pt to Pt A2-13 772' LF 7720 $94.60 $73,031.20 (15.00) ($1,419.00) One 24"casing with 3-4",3-3" and 1-2"interducts,Sub Aqueous Crossing Charge for A4-21 actual length with Wire Line LF 8000 $315.00 $252,000.00 (90.00) ($28,350.00) Items Added Install one 6"and one 2" 36C conduit FT 410.00 15.67 410.00 $6,424.70 Total Added: $194,851.79 Total Subtracted: ($331,724.07) Net Amount: ($136,872.28) Additional Item Added for Quote: Modify Conduit into 13 Vista Switches to Satisfy FPL and 36D MasTec Design EA 13 $3,567.98 $- 13 $46,383.72 Add Temporary asphalt 36E sidewalk SF 400 $11.30 $- 400 $4,520.00 36F Remove 6"Concrete Sidewalk SF 400 $46.80 400 $18,720.00 _ Net Amount: ($136,872.28) Quotes for correction: $69,623.72 Total Net Change: ($67,248.56) Revised: 10/28/2014 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Packet Page -1616- Admin BCC Bcc ES 4/26/2016 16.D.11. Prepared by: f�14 Date: 341/2-"W(Harry S I ,MSTUo ect Manager ame,PINE Division,Collier County) Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant I Design Professional arising out of or related to the change set forth herein,including claims for impact and delay costs. Accepted by: Date: 3( +(►' (Dane!! tility Construction Int/ `f ,fit Date.a .. � 4-",/t Approved by: 442 , (W.Terry #ole,PE Vice President Hole Mantes Inc.) //i/ 3.3/•Approved by: f /�,r�/ Date: b (Michelle Arnold,Director,Public Transit&Neighborhood Enhancement Division) Approved by , ( r ,r Date: _ S ev C-rnell, j` I'nistr r,Public Services Department.) Approved by: Date: t (Pr urement Professional) Revised:10/28/2014 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Admin BCC ES Packet Page 4617- 4/26/2016 16.D.11 . Change Order 5, Contract 14-6320, Danella Utility Construction IN WITNESS WHEREOF,the parties hereto, have each,respectively,by an authorized person or agent,have executed this Work Order on the date and year first written below. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA By: By: Donna Fiala, Chairman Dated: (SEAL) Name of Firm By: First Witness Signature TType/print signature and titlet tType/print witness nameT Second Witness TType/print witness nameT Approved as to Form and Legality: Assistant County Attorney Print Name Page 4 of 4 Packet Page -1618- 4/26/2016 16.D.11. lter • unty Administrative Services Department Procurement Services Division March 31, 2016 U.S. Mail and Via Email Jbass@danellacom John P. Bass, President Danella Utility Construction, Inc. 170 Commerce Road, Unit 5 Boynton Beach, FL 33426 RE: Phase II and III Vanderbilt Beach MSTU Utility Conversion Project Contract No. 14-6320 Dear Mr. Bass: On Friday March 4, 2016, prior to the final acceptance of work, the County was informed by MasTec Inc., FPL's contractor hired to install the FPL network, that there were issues with the way the conduit had been installed by Danella at the fourteen (14) vault locations on the County's portion of the project. Installation examinations were conducted by representatives from FPL, MasTec, Danella and Hole Montes from March 4th to March 9th to determine the exact scope of the deficiencies and, if necessary, the possible corrective measures which could be employed to correct those deficiencies. The result of the examination concluded that the installation method for thirteen (13) out of fourteen (14) vaults have to be corrected; the vaults were not installed according to the FPL blueprint, rather an on-site FPL representative provided verbal instructions given on-site field conditions. During the installation examination, it was also determined that the FPL blueprints provided to the County were inaccurate. On March 14, 2016, a telephone conference meeting occurred among representatives of the Procurement Services and Public Transit and Neighborhood Enhancement (PTNE) staff, Hole Montes (project CEO, Florida Power and Light (FPL), MasTec, Inc., and Danella, related to the above-stated project. cP11.' Nxdrernent SCMCGS DMS(011'3327 Tomi:4rni Trail East Naples,Florida 34112-4901.2$9-252-8407.1mi colliergov net/procurementservices Packet Page -1619- 4/26/2016 16.D.11 . During the telephone conference, all parties discussed the fact that Danella's project manager followed FPL field supervisor's direction [in the field] to deviate from the County's approved plans and specification in the installation of the conduit at fourteen (14) vault locations. Contrary to Exhibit H., Section 10 Changes in the Work, of the County's contract, Danella accepted direction from FPL, not the Owner, to deviate from the contract documents and failed to obtain approval by the Owner. Section 10 further states that "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." The parties agreed to a second meeting to discuss possible alternatives to correcting the deficiencies. On March 23, the parties discussed the background of the deficiencies and identified "agreed upon" corrective measures. The corrective measures are the recommendations provided by MasTec and the cost of the corrective action is $69,623.72. Danella's project manager has agreed that MasTec's corrective action will meet FPL's approval and acceptance and may be completed as specified. Based on the discussions with all parties and the review of the contracts, the County is of the opinion Danella is liable in part, for the cost of the corrective action. Your immediate attention in remediating this matter is required. Please contact me within seven days from receipt of this letter to discuss a remediation plan. Respectfti C • • • qttitt e Markiewicz, Direc • Procurement Services cc: William Green, Construction Superintendent (Danella) Fredie Brady, Project Manager, (Danella) Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Harry Sells, Project Manager, Public Transit & Neighborhood Enhancement Packet Page -1620- 4/26/2016 16.D.11 . • ler unty Adminisirative Services Department Procurement Services Division March 31, 2016 U.S. Mail and Via Email Tom Allain, FPL, General Manager Central Maintenance FPL 700 Universe Blvd. Juno Beach, FL 33408 RE: Phase H and Ill Vanderbilt Beach MSTU Utility Conversion Project Contract No. 14-6320 Dear Mr. Allain: It was a pleasuring speaking with you on March 14, 2016, during our first telephone conference among representatives of the Procurement Services and Public Transit and Neighborhood Enhancement (PTNE) staff, Hole Montes (project CEO, Florida Power and Light (FPL), MasTec, Inc., and Danella, related to the above-stated project. As you know from that meeting on March 14, 2016, on Friday March 4, 2016, prior to the final acceptance of work, the County was informed by MasTec Inc., FPL's contractor hired to install the FPL network, that there were issues with the way the conduit had been installed by Danella at the fourteen (14) vault locations on the County's portion of the project. Installation examinations were conducted by representatives from FPL, MasTec, Danella and Hole Montes from March 4th to March 9th to determine the exact scope of the deficiencies and, if necessary, the possible corrective measures which could be employed to correct those deficiencies. The result of the examination concluded that the installation method for thirteen (13) out of fourteen (14) vaults have to be corrected; the vaults were not installed according to the FPL blueprint, rather an on-site FPL representative provided verbal instructions given on-site field conditions. During the installation examination, it was also determined that the FPL blueprints provided to the County were inaccurate. During the telephone conference, all parties discussed the fact that Danella's project manager followed FPL field supervisor's direction [in the field] to deviate from the County's approved plans and specification in the installation of the conduit at fourteen (14) vault locations. The parties agreed to as second meeting to discuss possible alternatives to correcting the deficiencies. owroment Servicx,Ihdblon.327 Thmiarni Tr ml East Naplus,Florida 34112-490 I.239-252-8407 w .coicrgovnoLiprocurarnentseroes Packet Page -1621- 4/26/2016 16.D.11 . In Section 3 of the Underground Facilities Conversion Agreement-Governmental Adjustment Factor Waiver between the County and FPL it specifically states: "Such work must meet FPL's construction standards and FPL will own and maintain the completed facilities. The Local Government Applicant Agrees to rectify any deficiencies, found by FPL, prior to the connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities." While the County contractually is required to meet FPL"s standards and rectify deficiencies. The County is not required to be burdened and financially liable as a direct result of FPL's deficient plans and specifications and incorrect field instructions by a FPL field supervisor. Further, Section 5 of the Applicant-Installed Facilities Agreement for Underground Conversions between the County and FPL requires any substitution in Work to be approved by the FPL in writing. In the second meeting of March 23, the parties discussed the background of the deficiencies and identify "agreed upon" corrective measures. The corrective measures are the recommendations provided by MasTec and the cost of the corrective action is $69,623.72. The County needs the assurance from FPL that the MasTec's corrective action will meet FPL's approval and acceptance. Based on the discussions with all parties and the review of the contracts, the County is of the opinion FPL is completely liable for the cost of the corrective action. Your immediate attention in remediating this matter is required. Please contact me within seven days from receipt of this letter to discuss a remediation plan. Respectfully, , , tt. Jo. • e Markieicz, Dire ". Procurement Services cc: John Lehr, Project Manager - Distribution (John.Lehr@fpl.com) Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Harry Sells, Project Manager, Public Transit & Neighborhood Enhancement Packet Page -1622- 4/26/2016 16.D.11 . • 7e •unty • Administrative Services Department Procurement Services Division March 31, 2016 U.S. Mail and Via Email TerryCole@a HMEng.com W. Terry Cole, P.E., Vice President/ Shareholder Hole Montes, Inc. 950 Encore Way Naples, FL 34110 RE: Contract#13-6178, CEI for "Vanderbilt Beach Utility Conversion" Danella Contract#14-6320 "Vanderbilt Beach Utility Conversion" Dear Mr. Cole: On Friday March 4, 2016, prior to the final acceptance of work, the County was informed by MasTec Inc., FPL's contractor hired to install the FPL network, that there were issues with the way the conduit had been installed by Danella at the fourteen (14) vault locations on the County's portion of the project. Installation examinations were conducted by representatives from FPL, MasTec, Danella and Hole Mantes from March 4th to March 9th to determine the exact scope of the deficiencies and, if necessary, the possible corrective measures which could be employed to correct those deficiencies. The result of the examination concluded that the installation method for thirteen (13) out of fourteen (14) vaults have to be corrected; the vaults were not installed according to the FPL blueprint, rather an on-site FPL representative provided verbal instructions given on-site field conditions. During the installation examination, it was also determined that the FPL blueprints provided to the County were inaccurate. On March 14, 2016, a telephone conference meeting occurred among representatives of the Procurement Services and Public Transit and Neighborhood Enhancement (PTNE) staff, Hole Montes (project CEI), Florida Power and Light (FPL), MasTec, Inc., and Danella, related to the above-stated project. During the telephone conference, all parties discussed the fact that Danella's project manager followed FPL field supervisor's direction [in the field] to deviate from the County's approved plans and specification in the installation of the conduit at fourteen (14) vault locations. Ix RocuremertServices Division.3327 Tamiami Trail East•NNkanlr, FInrida 9d112 Q(1•239-232-8407.vAh rd.calliergo .netlprocurementservices Packet Page -1623- 4/26/2016 16.D.11 . Contrary to Section 2.1 Schedule A-Scope of Services, of the contract, Hole Montes failed to conduct on-site observations and inspections of all construction activities on the Project to ensure that all work is completed in accordance with the contract documents submitted to the County. Further, Section 3.2 states "The Consultant will coordinate with the issuance of interpretations and clarifications of Contract Documents during construction. The Consultant shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents." Hole Montes, as CEI for the County contractually has an obligation to notify the County of all changes. On March 23, the parties discussed the background of the deficiencies and identified "agreed upon" corrective measures. The corrective measures are the recommendations provided by MasTec and the cost of the corrective action is $69,623.72. Ray Benza, of Hole Montes, has agreed that MasTec's corrective action will meet FPL's approval and acceptance and may be completed as specified. Based on the discussions with all parties and the review of the contracts, the County is of the opinion Hole Montes is liable in part, for the cost of the corrective action. Your immediate attention in remediating this matter is required. Please contact me within seven days from receipt of this letter to discuss a remediation plan. Respectfully, Joa• •- Markiewicz, Di o l� Procurement Services cc: Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Harry Sells, Project Manager, Public Transit & Neighborhood Enhancement Packet Page -1624- 4/26/2016 16.D.11 . AGREEM ENT This Agreement is entered into as of the 19th clay of April, 2016, between Collier County ("the County"), Florida and Florida Power& Light Company ("FPL"): WHEREAS, the County is a participant in the Phase II and Ill Vanderbilt Beach MSTU Utility Conversion Project ("the Project"), under which certain electric utility facilities are being converted from above-ground facilities to underground facilities; WHEREAS, the electric facilities are owned by FPL, and FPL will be providing electric services through those facilities; WHEREAS, during the course of completing the Project, fourteen vaults were installed through which above-ground distribution lines are introduced into each vault and exit each vault through underground conduit; WHEREAS, the parties have determined that corrective measures must be taken with respect to twelve of the vaults in order in order meet performance requirements ("the Corrective Measures"); WHERAS, the cost of the Corrective Measures is $ 69,623.72("the Costs"); WHEREAS, the parties mutually desire to amicably resolve issues relating to the Corrective measures and the Costs pursuant to the terms of this Agreement: NOW, THEREFORE, it is hereby agreed: I. FPL shall absorb and pay the Costs and releases the County from any liability for the Costs. The County, in turn, releases FPL from any claims it might have relating to the Corrective Measures or the Costs. 2. This Agreement is contractual. Nothing herein is, or shall be construed as, an admission of fault or liability by either party regarding the Corrective Measures, the cause for the Corrective Measures, or the Costs. 3. This Agreement only resolves issues related to the Corrective Measures and the Costs and has no application to or bearing upon any other aspect of the Project. 4. This Agreement may be executed in counterparts, and copies or facsimiles are as binding as originals. 1 (� Packet Page -1625- 4/26/2016 16.D.11 . AGREED AND ENTERED INTO as of the date hereinabove written. COLLIER COUNTY, FLORIDA FLORIDA POWER& LIGHT COMPANY By BY: .... - — Title: TITLE: ° Witness: TITLE: ATTEST DWIGHT E. BROCK, CLERK BY:. Approved as to form and legality Scott R.Teach,Deputy County Attorney 2 Packet Page -1626- Vanderbilt Beach Utility Conversion COLLIER COUNTY BID NO. 14 -6320 COLLIER COUNTY, FLORIDA Rhonda Cummings, Procurement Strategist Email: RhondaCummings @colliergov.net Telephone: (239) 252 - 8941 FAX: (239) 252 - 6700 DESIGN PROFESSIONALS Florida Power and Light Comcast CenturyLink PurchasingDepaRnesit, 3327 Tamiami Trail East. Naples; Florida 34112 -4901 - YN ,vvcolliergov.nei,'purchasing ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ..............................................................:.................. .............................15 BIDSCHEDULE .......................................................................................... .............................16 MATERIAL MANUFACTURERS ................................................................. .............................17 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................19 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................20 TRENCHSAFETY ACT .............................................................................. .............................21 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................22 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................23 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ........................ .............................24 BIDBOND ................................................................................................... .............................28 BIDDERSCHECK LIST .............................................................................. .............................30 CONSTRUCTION AGREEMENT ................................................................ .............................31 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................39 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................42 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................45 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................49 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................50 EXHIBITE: CHANGE ORDER .................................................................... .............................53 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................55 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................57 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................58 EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................90 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................91 EXHIBITK: PERMITS ................................................................................. .............................92 EXHIBIT L: STANDARD DETAILS ............................................................. .............................93 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................94 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............95 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 T AdministfativeServicesDvision Purchasing INVITATION • BID Vanderbilt Beach Utilit• COUNTY l NO. 14-6320 Separate sealed bids for the construction of Vanderbilt Beach Utility Conversion, addressed to Ms. Joanne Markiewicz, Director, Procurement Services, 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 3rd day of September, 2014, 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. The anticipated project budget is: $500,000. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. LOCAL TIME on the 20th day of August, 2014, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Vanderbilt Beach Utility Conversion Bid No. 14 -6320 and Bid Date of September 3. 2014 ". 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within forty -five (45) 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 8th day of August, 2014. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 zj • • ! 1 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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. 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 Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5A If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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: 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. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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. 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 Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current purchasing ordinance and policies. 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 Procurement 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 ordinance and policies. A copy of ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 the purchasing ordinance is available at http://www.colliergov.net/Index.aspx?paqe=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 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.org/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 policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax-Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure 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 Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier 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. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. 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 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), less one (1) dollar, 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 Fla. Stat. Sec.287.087 (Preferences to businesses with drug -free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, f r o m 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 Fla. Stat. Sec 287.087, 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. 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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. 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay the Contractor 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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 2013 -69, 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 identify, subject to Owner's review and approval, all the subcontractors it intends to use ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. 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. 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 Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor,, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA I Vanderbilt Beach Utility Conversion BID NO. 14-6320 DANELLA UTILITY 4r-:ull Name • Bidder Place of Business '3 Telephone No. 6_2,a/ 327 532o Fax No.- ?-e -7 ';_3 i1 State Contractor's License # C_�—,�-, State of Florida Certificate of Authority Document Number j -71 Federal Tax Identification Number -7 7- 6),2 / 2 =v� ,c> S- DUNS #.95 3 -- -c-6-;7 CCR# Cage Code 19 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. ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Revised - Bid Schedule 14 -6320 Item # Description Item General Project Items Quantity Units Unit Lost Total 1 Payment and performance bond 1 LS 29708.00 29,708.00 2 Maintenance of traffic (MOT) 1 LS 4603,50 4603.50 3 Mobilization 1 LS 176855.00 176855.00 4 As -built plans (Provide and maintain per contract documents) 1 LS 5193.69 5193.69 8 Sub Total 216360.19 Item Labor Quantity Units Unit Cost Total 5 Trenching Feet Incl. inst. Of conduit, backfill and compaction 27,208 LF 10,62 288948.96 FT High Voltage Grouping 31122.48 39 2" HDPE SDR 11 27,000 6 One 2" Conduit under Mangroves into State Park 345 LF 6.50 2242.50 7 One 2" Conduit 9,151 LF 6.50 59481.50 8 Two 2" Conduits 34,000 LF 7.69 261460.00 9 Three 2" Ccondits 165 LF 9.46 1560.90 10 Four 2" Conduits 220 LF 11.23 2470.60 11 Five 2" Conduits 245 LF 14.20 3479,00 12 Six 2" Conduits 1320 LF 16.50 21780.00 13 One 6" Conduit Sub Aeqeous Crossing Charge for actual length Pt to Pt 772' 772 LF 35.48 27390.56 14 One 6" Conduit 600 LF 1438 8868,00 15 One 6 " and two 2" Conduits 300 LF 16.56 4968,00 16 One 6" and three 2" Conduits 12,700 LF 18.92 240284.00 17 One 6" and four 2" Conduits 300 LF 21.28 6384.00 IS Two 6" Conduits 800 LF 20.10 16080.00 19 Two 6" and three 2 " Conduits 950 LF 26.00 24700.00 20 Three 6" Conduits 150 LF 28.38 4257.00 Low Voltage Grouping 21 Four 4" and two 2" Conduit Sub Aeqeous Crossing Charge for actual length Point to point 772' 772 LF 47.30 36515.60 22 One 4" and one 2" Conduit 36,000 LF 10.64 383040.00 23 One 4" and two 2" Conduit 9,500 LF 11.81 112195.00 24 One 4" and three 2" Conduitq 8500 LF 13.05 110925.00 Water Line Vanderbilt Drive 25 Water Line Vanderbilt Drive 3" Welded fittings and pressure tested 8500 LF 11.73 99705.00 Misc. 26 Remove Concrete Sidewalk 4'x 10' 55 SF 46.80 2574.00 27 Remove Concrete Driveway 1.5'x 20' 18 SF 137.43 2473.74 28 Remove Asphalt 1.5'x 20' 37 SF 3636 1345.32 29 Hand Dig Pit 39 EA 396.00 15444.00 30 Soft Dig Pit 35 EA 378.00 13230.00 31 Set Concrete Transformer pads 147 EA 567.00 83349.00 32 Set Vista Switch Concrete Pads 12 EA 1178.00 14136.00 33 Set Capacitor Bank Concrete Pads 3 EA 837.00 2511.00 34 Set Concrete Vaults (S' x 5'x 10') 8 EA 1162.00 9296.00 35 Set Primary Vaults (3' x 3' x 5') 15 EA 521.00 7815.00 36 ISet Seconday Vaults (hand hole) 120 EA 230.72 27686.40 Sub Total 1896596.08 ITEM Material Quantity Units Unit Cost Total 37 2" schedule 40 PVC Feet 26,000 FT 035 19500,00 38 4" schedule 40 PVC Feet 15,108 FT 2.06 31122.48 39 2" HDPE SDR 11 27,000 FT 1.04 28080.00 40 3" HDPE SDR 11 8,800 FT 2.89 25432.00 41 4 "HDPE SDR 11 57,765 FT 3.74 216041.10 42 2" HDPE SDR 13.5 27,000 FT 0.90 24300.00 43 4 "HDPE SDR 13.5 57,765 FT 3.11 179649,15 Sub Total 52412433 Total 1 2,637,081.0= Alternates for item numbers 6, 13, and 21 A1-6 One 2" Conduit under Mangroves into State Parkwith Wire line 1 345 LF 35.48 12240.60 A2 -13 10ne 6" Conduit Sub Aeqeous Crossing Charge for actual length with Wire line Pt to Pt 772' 772 LF 94,60 73031.20 Revised - Bid Schedule 14 -6320 IFour 4" and two 2" Conduit Sub Aeqeous Crossing Charge for actual A3 -21 length with Wire Line Pt to Pt 772' 1 772 LF 94.60 73031.20 111ATERIAL-MArITFACTURERS '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, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications, Section B (Exceptio 1. 2. 3. 4. 5. to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages asfiecessary. ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement Revised 04152014 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVIZ 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 2013-69 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other - I subcontractors that Ale e W_etli,( Dil -4,11)3 represent more than Z� 5 e, ;Pd. 10% of price or that e f 7 affect the critical path of the schedule ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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. 0.14 0 51 Project and Location 'aV Reference .0 di KLIJI H-J- - 4-f ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 L cy 61 L _J 0 JO li-P J Z,,.t4 (72 .0 di KLIJI H-J- - 4-f ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1. -,4 !?,, TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. ITB 14-6320 Vanderbilt Reach Utility Conversion Construction Services Agreement: Revised 04152014 purcbarinq AFFIDAVIT FOR CLAIMING STATUS A8A LOCAL BUSINESS SOLICITATION #14-O32O (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described aoa Local Business Collier County Lee County Vendor affirms that it is a local business as defined by the purchasing ordinance and policies of the Collier County Board of County Commissioners and the Regulations Thereto. Ae defined in Section X|of the Collier County purchasing ordinance and policies; 7 Local business means the vendor has a current Business Tax Receipt issued by the CollieyCounty Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, ao that identifies the business with a permanent physical business address located within the limits of Collier County fr�m which the vendor's staff operates and performs business in an area zoned for the conduct of such business. APost Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer�dsrtorage sh#d, or other non-permanent structure shall not be used for the purpose of establishing said physical a( ess. In ddition to the foregoing, a vendor shall not be Considered a "local business" unless it contributes to the eco,�omic deyelopment and well-being of Collier County in a verifiable and measurable way. This may include, but not be ed t the retention and expansion of employment opportunities, support and increase to the County's tax base, and sidency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compli ce with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local bu i ess" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid su mitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in EjCollier County or[l Lee County: Number of Employees (including Owner(s) or Corporate Officers): Number of Employees Living in[l Collier County orFl Lee U K requested by the County, vendor will be required to prm affidavit. Failure bod000 will result |n vendor's submission ding or Corporate Officers): documentation substantiating the information given inthis ng deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA: F1 COLLIER COUNTY LEE COUNTY Sworn to and Subscribed Before Me, a Notary P lic, for the above State and County, on this Day lil C, of Notary Public My Commission (AFFIX OFFICIAL SEAL) ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Cori C-O"-wy PL�mhwny Solicitation: 14-6320 This Affidavit |o required and should be signed, notarizedbyanauthorizedphncjpa|ofthefinnandaubmittedwbh formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required hz enroll in the E-Verify program, and provide acceptable evidence of their enrpliment, at the time of the submission of the vendor's/bidde/opropooai Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or 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 I 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 in8U.G.C. Section 1324a(e) Section ) 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|NA. 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 bo the 1S8G Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Vehfv and ho provide proof of enrollment in The Employment Eligibility VehficabonGystmno(E-Verif/),operatedbvtha Department ofHomeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidders proposal. n2\K|PI } A i [T11 ITV State of County of The f i d acknowledged before me thief?4day of � 0(f type name) who has produced (type of identification and number) aaidentification. (VWLx-� (��o4ta Public Signature Notary Public - state of Florida m. Expires kug 29, 2018 my Cam bv the sworn affidavit required herein, the truth and accuracy of this affidavit "'"'"~"~u~~~ ITB14-632VVanderbilt Beach Construction Services Agreement: Revised e*.o2",^ ', `` �T I I , 14, TIQ I: L0 11 L01 jokyj NO Z! I 1 111 U—T."NIAl The parties to this agreement are the Department of Homeland Security (DHS) and the Danella Utility Construction, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.G. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01113 Company ID Number: 815969 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5, The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases, a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify, 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo, (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218, b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9, 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2748 of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01113 Company ID Number: 815969 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize, 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative non confirmations, The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case, The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 815969 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1- 888 -464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14, The Employer agrees to comply with Title V11 of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices, The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD), 15, The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(W_dhs.qov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06101113 Company ID Number: 815969 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19, The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally - approved, federally-certified, or federally- recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false, 20, The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22, The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. 1, If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22. 1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a, An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06101113 101 . . . . . . . . . . p, b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract, Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e, The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen), f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii, The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01113 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A,5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual_ g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3, The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 815969 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify, 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. & DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1, If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01113 ---- -- ------ case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees, The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates, 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1, If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers J Revision Date 06101/13 Q company ID Number: 815969 employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU, The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1, This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06101113 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties, 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS, If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. MA C M 4 4 UT A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06101113 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA), F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 32303�� AOM # � i � Employer Danella Utility Construction, Inc. Name (Please Type or Print) Title Leona Oden Signature Date Electronically Signed 0912372014 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 09123/2014 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06101113 Information Required for the E-Verify Program Information relating to your Company: Danella utility Construction, Inc. Company Name 170 Commerce Road Unit 5 Boynton Beach, FL 33426 company Facility Address Company Alternate Address County or Parish PALM BEACH Employer Identification Number 770712005 North American Industry 238 Classification Systems Code Daneila Companies, Inc. Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Page 14nf17E4edfy MOU for Employers | Revision Date u6m1M3 Company ID Number: 815969 Are you verifying for more than I site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06101113 9 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Leona AOdan Phone Number (561)327-5320 oxt309 Fax Number (561) 327 5310 Email Address aoden@daneUa.com Page 1oof1TE-Vedfy MOu for Employers | Revision Date ueo1na n I M �# �, lkdmn 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 vvdbng of the reason for collecting this infornnadon, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1, General Information (provide all information) (as shown on income tax return) Business Name - (if different from taxpayer name) Address City State 12a Zip Telephone FAX Email Order Information Address city 6 r&7 State Zip 9'34ZLr FAX 6101 Fi-7 Ty"? Email Tb4,3- 2 Company Status (check only one) Remit/ Payment Information Address city State Zip FAX Email Individual / Sole Proprietor I Corporation I Partnership —Tax Exempt (Federal income tax-exemptent� Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) 61 Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 77 — e!2 7 / 2 'L (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties n/peijoy,/certify that the information shown onthis form ix correct h»myknowledge. ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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 three hundred twenty (320) 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 forty-five (45) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of �4 County of J 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. -J 4, — i?- 1?A,_5 , 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. ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of which operates under the legal name of and the full names of its officers are as follows: V-President Secretary-- --"-- -S Treasurer— Manager The is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken // "/ , (s#4te-ett-this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the (c) Individual name of: The Bidder is an individual whose full name is and if operating under a trade name, sap trade name is ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED X/ Witness Witness STATE OF All. -:- .. COUNTY OF legal tit 'UMELLA UTILITY BY: CONSTRUCTION, INC. Name of Pidder (Typed)' oF Title The foregoing instrument was acknowledged before me r / --> 20 /f , by ? ,—�/ Ad a corporation. He/she is pBLaonally (did not) take an oath. My Commission Expires: T (AFFIX OFFICIAL SEAL) known this .2t14,jday of as *"—Of — corporation, on behalf of the to me or has produced as identification and did Notary Public, State of Commission No.: /5� ZZzfQLSj A A L db,;dh0 4t dh"a A ANN ODEN State of Florida --'-A Notary Public My Comm. Expires Aug 29, 2010 Commission # EE 118289 Bonded Thro* National Notary Assn, ITB 14-6320 Vanderbilt Reach Utility Conversion Construction Services Agreement: Revised 04152014 THIS SHEET MUST BE SIGNED BY VENDQQ BOARD OF COUNTY COMMISSIONEW5 COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return wi your Bid. I 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 3. 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: Procurement 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; 14-6320 <*Project Name; Vanderbilt Beach Utility Conversion t*Opening Date. 91312014 13. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIPR�gLiU?ftl"?ACKET CONSTRUCTION, INC. Bidder Name Signa ate�7 tle I D ITS 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04162014 Date: September 2, 2014 Email: RhondaCummings@colliergov.net Telephone: (239) 252-8941 FAX: (239) 252-6700 From: Rhonda Cummings, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum #5 Solicitation # and Title 14-6320 Vanderbilt Beach Utility Conversion The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Correction: Contractor Walk through sign-in sheets is attached. They were omitted from the previous addendum by mistake. c: Harry Sells, Project Manager Attachments: Walk through sign in sheet Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) DANELLA UTILITY CONSTRUCTION, INC. (Name of Firm) 112-' Date I I AddendumTemplate Revised! 4/15/10 1 r .7 Date: August 29, 2014 Email: RhondaCummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 I_15797=1ZI Bill c7 C! From: Rhonda Cummings, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum #4 Solicitation # and Title 14 -6320 Vanderbilt Beach Utility Conversion The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Change: Bid Opening from September 4-0, 2014 at 2:30 p.m. until September 24, 2014 at 2:30 p.m. Extend: The Question and Answer Period until September 3, 2014 at 4:00 p.m. to September 12, 2017 at 4:00 p.m. Clarification from the walk- through: 1. Will FPS supply material for their portion of the job? Answer: FPL will supply all material for their portion of the job. This includes the concrete pads, vaults, and conduit. Conduit material has been reduced on the new bid Spreadsheet which is attached an labeled "Revised Bid Spreadsheet" 2. Contractors requested modifying Bid Spreadsheet from showing size of bore with one to three conduits on pull back to show numbers and size of the conduits in a given path. They stated they think that the overall charges would be less, and it allows them to choose the best method of installing a given arrangement of conduit. AddendumTemplate Revised: 4/15/10 1 Answer: (See Bid Spreadsheet Change, Sheet three of the attached file. Th�_! Bid Spreadsheet, sheet 2 is the original posting.) My original intention was to get a uniform bid with the ability to vary the method of work. This new method does the same thing. 3. Attendants at the walk-through wanted to know if the DEP permitted locations (park and the waterway) would need Wire Line or not. (Wire Line allows extreme accuracy in the location of the boring head and the location of the conduit both horizontally and vertically, Answer: An entry was placed to show the two crossings with and without the Wire Line. See Bid Spreadsheet Change. 4. The original bid request did not differentiate between the water crossings and regular bores. The listed style of measurement is point to point on the surface. This isn't fair to the contractor because the water crossings go much deeper (longer length) and are much more difficult to perform. Answer: They were broken out into separate entries. 5. The Original Bid did not show a separate line item for a three waterline on Vanderbilt Drive. Answer: it was added. c: Harry Sells, Project Manager Attachments: Revised — Bid Schedule Walk through sign in sheet Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) DANELLA UTILITY CONSTRUCTION, INC. (Name of Firm) Date/ CotI ier county AdnInistfative Services Division Pumbasing Date: August 25, 2014 Email: RhondaCummings@colliergov.net Telephone: (239) 252-8941 FAX: (239) 252-6700 From: , Rhonda Cummings, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation # and Title 14-6320 Vanderbilt Beach Utility Conversion The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Change: Bid Opening from September 3, 2014 at 2:30 p.m. until September 10, 2014 at 2:30 p.m. Extend: The Question and Answer Period until September 3, 2014 at 4:00 p.m.. c: Harry Sells, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. A 11 (Signature) of Firm) i1;, 'NEIN k NZIN WI DUNIU0 :) /Z Date ' Addend umTemp late Revised: 4115110 1 061filer CMnty AdrTinistative Services vision PurchasiN [&* WM711 Date: August 21, 2014 Email- RhondaCummings @colliergov. net Telephone: (239) 252-8941 FAX: (239) 252-6700 From: Rhonda Cummings, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation # and Title 14-6320 Vanderbilt Beach Utility Conversion The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Site Visit: A site visit is scheduled for Tuesday, August 26, 2014 at 10:00 a.m. on the corner of Bluebill Avenue and Vanderbilt Drive in the Connors Park parking lot. That is on the northwest corner of that intersection: c: Harry Sells, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) DANELLA UTILITY Date CONSTRUCTION, INC. (Name of Firm) AddendumTemplate Revised: 4115110 1 Memorandum Date: August 20, 2014 Email: RhondaCummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 /_11797:411 Bill IT, s From: Rhonda Cummings, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # and Title 14 -6320 Vanderbilt Beach Utility Conversion The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: As a result of the Pre -Bid Conference, today, August 19, 2014 at 10:00 a.m., the following questions were posed. The answers are submitted in bold print. 1. Is a Certified MOT person required on site all of the time? No, depending upon requirements. Much of the work is outside of the traffic lanes, does not need MOT. If MOT is required, a certified person must be on site. 2. Sub Aqueous Crossing- Who provides the permits and who decides the takeoff and landing points? L County will provide all required permits. iii. The takeoff and landing points will be surveyed and will be negotiated if changes are required. iii. A DEP permit is also required and will be provided by the County for entry into the Delinor Wiggins Park. 3. Who removes facilities of Comcast and FPL? i. Yet to be negotiated. 4. Who did Phase I? L FPL by MASTEC ii. Comcast by CWSI and CAPO AddendumTemplate Revised: 4/15110 1 iii. Utility representatives when required. 6. Who will do layout and staking and when? L Depending on need. Surveyor, Contractor, Project Manager. ii. Staking will be done as far in advance as needed such that the stakes are still there when required. 7. Who does restoration? Contractor is responsible for removing landscaping and any paving. L The contractor is responsible for restoring the earth to a pre- construction state including replacing sod. Additional landscape, concrete, paving, asphalt will be done by another contractor. 8. Who is responsible for customer interface? i. Professional interface is responsibility of the Contractor. Any escalated, unresolved issues, or negotiation problems will be the responsibility of the Project Manager. 9. What are the established working hours? L County standard hours allowed on a construction site are 7:00 am to 7:00 pm Monday to Saturday. Exceptions are granted for safety issues and unusual circumstances but need to be requested and approved. ii. If work is performed, a CEI must be on site with some minor exceptions. The Project Manager will determine those exceptions. 10. Where does work start and who sets up sequence and progressions? L Vanderbilt Beach traffic is very heavy between November and April and heaviest in the Vanderbilt Beach Road/Gulf Shore Drive area. A sewer and water line replacement for the same area is also scheduled within the next two years. The most likely starting point is the corner of 111th and Vanderbilt Drive going south and doing each finger street as it is reached. The Vanderbilt Beach area will be done when traffic is low. 111th St /Bluebill will be used as filler when work can't be done elsewhere such as staying out of the way of the sewer and waterline replacement. ii. Schedules will be set at the request of the Project manager with input from the Contractor. 11. Provide the sign-in sheets for the Pre-Bid Meeting. L The sign-in sheets will be attached with this Addendum #1 12. Will the question and answer period be extended? L The question and answer period will be extended until Monday, August 25, 2014 at 4:00 p.m. P ;A." 1 o d �a "'�v t' a a 's e a i If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. C: Harry Sells, Project Manager Attachments: 1 Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. I I Z (Signature) - DANELLA UTILITY (-.C)bj.qTRI ICTION, Ilhir., (Name of Firm) Date CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Danella Utility Construction, Inc. ( "Contractor ") of 170 Commerce Road, Unit 5, Boynton Beach, FL 33426 a corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Vanderbilt Beach Utility Conversion, Bid No. 14 -6320 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Florida Power and Light, Comcast and CenturyLink, the Engineer and of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: Two Million Six Hundred Thirty Seven Thousand and Eighty One Dollars and no cents. ($2,637,081.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 G which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred twenty (320) 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 forty -five (45) 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, fifteen hundred dollars ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 �9 and 00/100 ($1,500.00) 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 Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 9 accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 14 -6320 Vanderbilt Beach Utility Conversion. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Florida Power and Light, Inc., Comcast, and CenturyLink and identified as follows: FPL Project Phase Map, Comcast Vanderbilt Redesign Phase II and III, FPL Vanderbilt Phase II Preliminary, FPL Vanderbilt Phase III Preliminary, Phase III Survey, Storm Drainage Phase II and III, and Missing FPL Drawing Preliminary Phase II, Exhibit N: Contractor's List of Key Personnel ITB #14 -6320 Vanderbilt Beach Utility Conversion 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: ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Mr Harry Sells, Project Manager Collier County Alternative Transportation Modes 3299 East Tamiami Trail, Suite 103 Naples, FL 34112 Tel: 239/252 -4980 Fax: 2391252 -6628 Email: HarrySelis(a_colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Danella Utility Construction, Inc. 170 Commerce Road, Unit 5 Boynton Beach, FL 33426 Tel: 561 1327 -5320 Fax: 561/327-5319 John P. Bass, President 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. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's purchasing ordinance and policies 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. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 C717, 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. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 9 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: By: FIRST WITNES tint Name SECOND WITNESS � Print Name Date: ATTEST: Z t E.,Broclr -, rk Attest alto Chairman's signature, only. ppro as t or and Legality: A&-,,tis ounty Attorney bev " Sub��_ Print Name CONTRACTOR: Dapella Polity Construction, Inc. y Print ° al m and Title Date OWNER: BOARD OF COUNTY COM COLLIER COUNTY FLORI[ m Toni Henning Chairman SSIONERS OF Date ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 EXHIBIT A 1: PUBLIC PAYMENT BOND Vanderbilt Beach Utility Conversion Bond No. 019048436 Contract No. 14 -6320 KNOW ALL MEN BY THESE PRESENTS: That Danella Utility Construction, Inc. as Principal, and Liberty Mutual Insurance Company as Surety, located at 512 Township Line Rd., Blue Bell, PA 19422 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County as Obligee in the sum of Two Million Six Hundred Thirty Seven Thousand and Eighty One Dollars and No Cents ($ 2,637,081.00 ) 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 Z& day of t c t, 20 r '`f , with Obligee for Vanderbilt Beach Utility Conversion, Bid No. 14 -6320 in Collier County, FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this loth day of November 2014 , the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL Danella Utility Construction, Inc. BY: NAME. ITS: ✓. The foregoing instrument was acknowledged before me this day of 20 , by , as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Lois E. Eshleman Witnesses to Surety NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: Liberty Mutual Insurance Company (Printed Name) 512 Township Line Rd. Blue Bell, PA 19422 (Business dress 'Authorized Signature Daniel P. Dunigan, Attorney -In -Fact (Printed Name) ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Witnesses STATE OF Pennsylvania COUNTY OF Chester The foregoing instrument November 2014 as Attorney -In -Fact Surety, on behalf of Surety take an oath. My Commission Expires: December 3, 2016 (AFFIX OFFICIAL SEAL) M' As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) /as acknowledged before me this 10th day of by Daniel P. Dunigan of Liberty Mutual Insurance Company He /She is personally known to me OR has produced as identification and who did (did not) Signature) Name: Arlene Ostroff (Legibly Printed) Notary Public, State of: PA Commission No.: 1124021 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ARLENE OSTROFF, Notary Public Willisto1w Twp., Chester County My Commission Expire, December 3, 2016 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Danella Utility Construction, Inc, (herein after Galled the Principal) and Liberty Mutual insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of MA with its P rincipal offices in the city of Boston, MA and authorized to do business in the State of Florida are held and firmly bound unto the Collier County (hereinafter called the Owner), in the full and just sum of Five Percent of the Amount Bid dollars ($ 5% good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be rnade, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Vanderbilt Beach Utility Conversion Bid No. 14-632o NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the to"s of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed SUM of �FVePe1-n111f11eAM,,un111!d noted above as liquidated damages, and not as a penalty, as provided in: the Bidding Documents then this obligation shalt be null and void, otherwise to remain in full force and effect IN TESTIMONY Thereof, the Principal and Surety have caused these presenti'ta, be duty signed and sealed this 24th day of September 2014 Danella Utility Construction, Inc, L-63 C( ua as .v C L � zz z. a U Q, O air > 0 i 0 0,.<D s� CA s' C a n! > � L rr} THIS POWER OF ATTORNEY IS NOT VALID UNLESS-IT hS PRINTED ON EKED BACKGROUND, This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Certificate No. swabs KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West Amercan Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies '), pursuant to and by authority herein set forth, does hereby name, constitute and appoint , Brian C. Block. Daniel P. Duniclan: James L. Hahn Joseph W Kolok Jr.; Richard J Decker• William F Sirnkiss all of the city of Paoli state of PA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seat, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shah be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons: IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto 'th €s ante day of -November STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmerican Insurance Company By: 44 - David M. Care ; Assistant Secretary On this 20th day of November 2013 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WETNESS WHEREOF, I have hereunto subscribed m riarne,and affixed my notarial seat at Plymouth Meeting, Pennsylvania, on the day and year first above written. ey: Teresa Pastella ,Notary Public This Power of Attorney is made and executedp rs 9"' _ " ,�bthbrlty of the following By -laws and Authorizations ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, andiye'Arrrei?can Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE N — OFFICERS — Section 12. Power ofAttomey. Any officer or other offidat of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys -in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at anytime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such attomeys - €n- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this LM1S 12573 122013 2411, day of ; 1': }'`11101B R 24 14 Gregory W. Davenport, Assistant Secretary 114 of 500 I O U UJ m _ E p a w 'Q M O O il. E 0 'CS � > i2 �N �co E � M a5 c, 0 CD O _r fy ts, t. 4p 7� ` i VZ a?V. LM1S 12573 122013 2411, day of ; 1': }'`11101B R 24 14 Gregory W. Davenport, Assistant Secretary 114 of 500 I O U UJ m _ E p a w 'Q M O O il. E 0 'CS � > i2 �N �co E � M a5 c, 0 CD O _r EXHIBIT A 2: PUBLIC PERFORMANCE BOND Vanderbilt Beach Utility Conversion Bond No. 019048436 Contract No. 14 -6320 KNOW ALL MEN BY THESE PRESENTS: That Danella Utility Construction, Inc. as Principal, and Liberty Mutual Insurance Company as Surety, located at 512 Township Line Rd., Blue Bell, PA 19422 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County , as Obligee in the sum of Two Million Six Hundred Thirty Seven Thousand and Eighty One Dollars and No Cents ($ 2,637,081.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the C'c+0 l ) Q -- 1 20 i 4 f with Vanderbilt Beach Utility Conversion, Bid No. 14 -6320 2 -,F- t1 Obligee day of for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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 loth day of November 2014 , the name of each party being affixed and these . presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL Danella Utility Construction, Inc. BY: NAME: f" r ITS: 'Pr-!L,,' j �.. The foregoing instrument was acknowledged before rime this day of ,20 ,by , as personally known to My Commission Expires: (AFFIX OFFICIAL SEAL) of corporation, on behalf of the corporation. me OR has produced _ as identification and did (did not) take an oath. Name: (Signature) (Legibly Printed) Notary Public, State of: Commission No.: ,a He /she is ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 ATTEST: Witnesses aft to Surety Lois E. Eshleman Witnesses STATE OF COUNTY OF Pennsylvania Chester f SURETY: Liberty Mutual Insurance Company (Printed Name) 512 Township Line Rd. Blue Bell, PA 19422 (Business dress) thorized Sign ture Daniel P. Dunigan, Attorney -In -Fact (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this 10th day of November 2014 by Daniel P. Dunigan , as Attorney -In -Fact of Paoli, PA a Liberty Mutual Insurance Company Surety, on behalf of Surety. He /She is personally known to me OR has prodded as identificati nd who did i not t h. My Commission Expires:* December 3, 2016 ignature) Name: Arlene Ostroff (Legibly Printed) (AFFIX OFFICIAL SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ARLENE OSTROFF, Notary Public Willistown Twp., Chester County My Commission Expires December 3, 2016 Notary Public, State of: PA Commission No.: 1124021 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 THIS POWER OF ATTORNEY |S NOT VALID UNLESS ;r|GPRINTED ON RED BACKGROUND. This Power of Attorney limits the acts mthose named herein, and they have no authority to bind the Company except mthe manner and m the extent herein stated. Certificate No. 6358068 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire &Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is corporation d and appoint, Brian Q. Block; Daniel P. Dunigan; James L. Hahn; Joseph W. Kolok, Jr.; Richard J. Decker; William F. Simkiss all mthe city of Paoli_, state of PA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and m` its behalf m,surety and ao its act and deed, any and all undertakings, bonds, moognizanmm and other surety obligations, in pursuance ofthe ooresmmnunduho|| beao binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies m their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed byon authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2oth day m November _poig_' American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: STATE OpPENNSYLVANIA ss "="=. Cam`*omman,Somomry COUNTY OpMONTGOMERY On this _20th_ day of_ November _�� before me personally appeared David M. Carey, who acknowledged himself to be the Ano|»tam Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument forthe purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. |w WITNESS WHEREOF, | have hereunto b and affixed my notarial seal atPlymouth Meeting, Pennsylvania, on the day and year first above whuon. By: � ,� Teresa —� -- Notary _ Public ' This Power of Attorney is made and Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation outhmnzedfo,that»umnsemwritin8byOmChoirmanv,thoPreokent,undouNom to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act |nbehalf of the Corporation m make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such aftomoyo'in-mct. subject m the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal ofthe Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power v, authority granted m any representative o,uuomoy-in-factunder the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE X111 — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalfofthe Company to make, execute, seal, acknowledge and deliver ao surety any and all undertakings, bonds. movgnizanuos and other surety obligations. Such auomoys-in-fam subject m the limitations set forth |ntheir respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. CortifioatevfDovignmivn — ThoPmoident of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact oomuybonvm,noorymumonbaha|fofthoCompanytomukv.oxeoom.em|.uoknmNedgounddo|im,aoouretyanyonda||undo,tamngn. bondo, moogn|zan000 and other surety obligations. Authvrizativn — Byunanimou000mmmof the Company's Board of Directors, the Company consents that facsimile o, mechanically reproduced signature ofany assistant secretary ofthu Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect uo though manually affixed. |. Gregory YK Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company oo hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, ioin full force and effect and has not been revoked. IN TESTIMONY WHEREOF, | have hereunto set my hand and affixed the seals of said Companies this !I 0 t4ay of CA Lwa_um`1z20,o November ,201 4 ar Gregory W. Davenport, Assistant Secretary nomam 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. 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Collier County Florida Insurance and Bonding Requirements Insuirance /Bond Type Required Limas :. .: 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 ❑ Valuable Papers Insurance $ Per Occurrence 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The 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 Agent Name Date Telephone Number ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Client#: 480 CERTIFICATE F LIABILITY INSURANCE F DATE(MM /DD /YYYY) 11/10/2014 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 The Simkiss Agency, Inc. P. O. BOX 1787 2 Paoli Office Park CONTACT P Bowers NAME: PHONE FAX vc, No, El: : 610 727 -5300 A C, No): 610 -727-5414 E -MAIL ADDRESS: GENERAL LIABILITY Paoli, PA 19301 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Amer Contr Ins Co Risk Retentio 112300 INSURED INSURER B: ACIG Insurance Company 11 9984 DANELLA COMPANIES, INC. 2290 BUTLER PIKE INSURER C: GL14X00008 INSURER D: 06/01/201 PLYMOUTH MEETNG, PA 19462 MED EXP (Any one pePERSONAL En INSURER E: -MADE a OCCUR INSURER F: 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. TR TYPE OF INSURANCE NSRL WVD POLICY NUMBER MM /DDY� MM% �Y/YYYY LIMITS A GENERAL LIABILITY GL14000008 6/01/2014106/01/2010 EACH OCCURRENCE 0 X COMMERCIAL GENERAL LIABILITY GL14X00008 6/01/2014 06/01/201 DAMAGE TO RENTE PREMISES Ea occurrCLAIMS MED EXP (Any one pePERSONAL En -MADE a OCCUR &ADV IN0 GENERAL AGGREGA0 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG $ 5,000,000 POLICY X PRO JECT LOC $ A AUTOMOBILE LIABILITY AL14000001 6/01/2014 06/01/201 COMBINED SINGLE LIMIT Ea accident $5,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE I DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER /MEMBER EXCLUDED? ® N/A WCA000005214 WCA000000614 (MI - 6/O1 /2014 NJ, TX) 06/01/201 X WC STATU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) yes, describe under D DESCRIPTION OF OPERATIONS below WCA000009614 (CA,GA IL, IN, IA, PA E.L. DISEASE - POLICY LIMIT $1,000,000 L I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Vanderbilt Beach Utility Conversion - Contract No. 14 -6320 With respect to the acts and negligence of Danella Companies, Inc., et al and Danella Untility Construction, Inc., Collier County, Florida is included as additional insured with respect to the above General Liability policy, as required by written contract. , c nW"U rm Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E Naples, FL 34112 AUTHORIZED REPRESENTATIVE U 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S117188/M101991 AD STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 WE, 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 BASS, JOHN P DANELLA UTILITY CONSTRUCTION INC 2290 BUTLER PIKE PLYMOUTH MEETING PA 19462 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense,com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE RICK SCOTT, GOVERNOR " w ,, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CGC1515192 ISSUED: 08/14/2014 CERTIFIED GENERAL CONTRACTOR BASS, JOHN P DANELLA UTILITY CONSTRUCTION INC IS CERTIFIED under the provisions of Ch.489 FS. Expiration date : AUG 31, 2016 L1408140001678 KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 BASS, JOHN P DANELLA UTILITY CONSTRUCTION INC 2290 BUTLER PIKE PLYMOUTH MEETING, PA 19462 ISSUED: 08/14/2014 DISPLAY AS REQUIRED BY LAW SEQ # L1408140001678 1 go ■ COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared _ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and its subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated - , 20 for the period from to 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 , as of 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: (Signature of Notary) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: , by a ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) OTO7►5 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 $ Project Name) Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 \\ ;/ \� 2/ j) G� /\ ƒƒ \\ \\ // / k\� 0 %« )� �\) u_ oa �uj \ ( ■- %/. § j2\ \) (§ ui 0/ w o j® ,. §3 z ±= 2\ mF $\ \ \ -a (L 0j 0 §S/ \\ <22 < -o 0a— \# e q# f o o ok a/ ... \ U) § _- .0 G2 ®S Eo � & \ \ .f m \ 3 Cl) _ ± S ® D ®k �f / §} S .� -i Z / §c 0 2 ,k o � Mz $& . �� k §/ \\ 1: R± a/ §k . \\ cu 65 § & �k a= #% �) § / G ® \ t. ) >_. \@ iJ{ 2 #e R :. E c } C: j =3 ) S q § k ® fM L / L CL q m ƒ �G /Cƒ . lLmmxu= �z �/\ \\ ;/ \� 2/ j) G� /\ ƒƒ \\ \\ // O 0 (D w U) as 0 Q) 0 0 -C x w C I 0 > 00 (.)'a N t0 C a) N a) co F= N 0) < a) >.o Cl i-> CN (D M U) 19 c 2 0 O 0 (D > IL CD > CD Co w a. 0 0 2, W .2 > a. 0 CD E >0 Z Q U) 0 C I 0 > 00 (.)'a N t0 C a) N a) co F= N 0) < a) >.o Cl i-> CN (D M U) 19 c 2 0 Qel Project Name: Bid No. : Change Order No.: Change Order Description FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ 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 Number: Date Date: Date: Date: Date: Date: Date: Object Code Project ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To 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: ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 RESPONSIBILITIES: OWNER: F0161HIFATATOTC015 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 M Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR Type Name and Title 20 OWNER accepts this Certificate of Substantial Completion on , 20 M OWNER Type Name and Title ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 T Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as 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 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: 0 10. 11. 12. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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; ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Dull availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Q U 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 U 4.3 Contractor shall submit all Applications for Payment to Collier County Project Manager after approval by Construction Engineering Inspector (Hole Montes). 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit two (2) 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 CT fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's purchasing ordinance and policies. 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 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 VISAIMASTER 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 S. PAYMENTS WITHHELD. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 O C.4 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreernent,- Revised 04152014 d U 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED 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; ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Q U 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, pursuant to F. S. 119.0701 (2(a) — (d) and (3), 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, ITB 14 -6320 Vanderbilt Beach Utility Conversion ou Construction Services Agreement: Revised 04152014 sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 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. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 O 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 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 ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 O U 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 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. ITB 146320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 �O U 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. 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 ITS 14 -6320 Vanderbilt Beach Utility Conversion O Construction Services Agreement: Revised 04152014 Q U Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended: Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 U 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 sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 -'� 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 (S) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the ITB 14 -6320 Vanderbilt Beach Utility Conversion O Construction Services Agreement: Revised 04152014 v Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Q U 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 approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. [TB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 O U 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion ou Construction Services Agreement: Revised 04152014 necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project .Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5. B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 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; ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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; ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre - construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre - construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. iTB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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/or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase,. or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 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 2013 -69, 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 from Owner. Any and all Subcontractor work to be self- performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by.the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and 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. rrB 146320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 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 ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239- 252 -2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well- groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor 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 Contractor with full decision - making authority and by Owner's staff person or designee 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 1TB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 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. ITB 14 -6320 Vanderbilt Beach utility Conversion Construction Services Agreement: Revised 04152014 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http: / /bid.colliergov.netibid/ and titled: Not applicable ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.neVbid/ and titled: Collier County, Florida; Vanderbilt Beach MSTU Utility Underground Conversion Phase II and III Excavation /Boring, Conduit Installation and Concrete Pad Replacement ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 UTILITY UNDERGROUND r PHASE 11 AND 111. '% clKel w I 1 ol 7'JITIDERG-ROVID11-01-1 ERS10q PHASE ♦ ' ♦ ♦ , • ,' ' ♦ ♦ , • 1 ON ON DIVISION 1 - GENERAL REOUIREMENTS Page 01010 Summary of Work 3 01025 Measurement and Payment 8 01026 Bid Tabulation 11 01040 Project Coordination 13 01091 Reference Standards 14 01092 Abbreviations and Symbols 15 01210 Preconstruction Conference 18 01310 Construction Schedule 20 01312 Progress Meetings 21 01541 Protection of the Work and Property 23 01561 Security 27 01611 Storage of Material 28 01710 Project Closeout 29 DIVISION 2 - SITE WORK 02202 Trenching, Backfilling and Compacting for Utilities 30 02203- Directional Boring 33 FIGURE 1 Phase Map ATTACHMENT Bid Tabulation 2 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 LOCATION AND DESCRIPTION OF WORK CONCEPT OF CONSTRUCTION: Vanderbilt Beach Municipal Service Taxing Unit (MSTU) Utility Conversion Project Phase II and III. Aerial Utilities in the Vanderbilt Beach MSTU Area consist of power supplied by Florida Power and Light (FPL), Telephone supplied by Century Link, and Television (TV) Service supplied by Comcast and Summit. All service including service drops must be converted to underground. A Construction Engineering Inspector, hereafter referred as CEI will be provided by the County, hereafter referred to as "OWNER ", to observe all phases of construction to ensure compliance to the contract, specifications, and safety. The intent is to remove all aerial utilities and poles form Gulf Shore Drive, Vanderbilt Beach Road, Commerce Street, Vanderbilt Drive, 14 finger streets off Vanderbilt Drive, and Blue Bill Drive. Even though the MSTU boundary line goes down the center of the boundary streets, the project will consist of the removal of poles from both sides of the streets noted above. The project will not remove any stand alone street light poles and support structures for traffic lights. Due to right of way constraints, this solicitation will select one contractor to bury all conduits, concrete pads, and vaults required for all Utilities in this Phase II and III project. The general method of construction will be trenching through soil and boring under paved surfaces. FPL conduit will be in one trench or bore as close to the outer right of way line as possible and will maintain a 12" separation from all other utilities, and a 60" separation from potable water. It is preferable that all low voltage conduits share the same trench or bore while maintaining a 12" separation from High Voltage and 60" from potable water. This requires a shared trench agreement executed by all parties. If no shared trench agreement is reached, separate bores /trenches will be used. Vanderbilt Drive The selected contractor must do all possible to avoid destroying the landscaping and sidewalk along Vanderbilt Drive. However, due to the right of way constrains and the number of existing utilities in the area, it is anticipated that a section of sidewalk at each street corner will have to be removed to accommodate required utility connections and the boring to the next corner, one bore for FPL and one or more for low Voltage communications. A three inch irrigation water line plus an additional low voltage irrigation control conduit will be added 5' from the last low voltage line. If the distance is too far to effectively control the bore or an obstruction is encountered, a second bore access point will be opened in the center of the block. Vanderbilt Drive and its sidewalk are narrow and heavily traveled and will require special Maintenance of Traffic (MOT) for pedestrians and automobiles. It is also mandated that the removed portions of sidewalk be placed back in service as soon as possible. Another contractor will be responsible for replacing the. removed sidewalk. Fourteen Finger Streets The method of construction on the fourteen finger streets off Vanderbilt Drive will be by trenching and boring under driveways and the street. Cutting and trenching through driveways will be the method of last resort. FPL's design calls for a transformer on one side of the street feeding two houses with a secondary junction box directly across the street feeding two more houses. We will duplicate this design for low voltage with a video and a voice distribution point next to the FPL transformer, and a video and a voice distribution point next to the FPL Junction box across the street. This will require two cross street bores at every transformer. Bluebill The parking lot for Conner Park on the North side of Bluebill extends to the north edge of the Right of Way. The placing of conduit through the parking lot will be done by boring from Parking Lot Island to Parking Lot Island following the same procedure as on Vanderbilt Drive. Cutting asphalt and trenching will be the method of last resort. The cross water bore on Bluebill will require one 6" conduit for FPL, two to three 4" conduits for Century Link and as many as four 2" conduits for low voltage utilities. The takeoff and landing points will be in the same general vicinity of each other. Vanderbilt Beach Drive The method of construction on Vanderbilt Beach Drive, Gulf Shore Drive, and Commerce Street will be by trenching, with boring under driveways and streets. Cutting asphalt and trenching will be the method of last resort. After Excavation and Conduit Placement Having one contractor supply all buried conduits requires close coordination to ensure that the correct conduit terminates in the correct location. Each conduit will be required to be marked as to its use. After all conduits are buried in the project area, separate contractors or the utilities themselves will follow with the installation of their individual networks. The geographical size of the project area will allow at least three contractors to be working simultaneously. This will ensure an earlier completion time of the total project. When all new networks are installed, tested, and connected, the old network must be taken down as soon as possible by the responsible parties. FPL will take down their old network S and their poles but cannot do so until all other utilities are off the poles. Landscaping in the way of boring and trenching will be removed by the contractor in coordination with the Project Manager to prevent excessive or unnecessary vegetation removal. Landscaping, with the exception of sod, will be restored by the MSTU. All effort should be made to maintain the look and feel of the neighborhood. After completion in the area, elevations must be checked for proper drainage and all excess soil, and construction debris removed from the site. There is no excuse for unprofessional work. Collier County will be replacing Stormwater, Sanitary Sewers and Potable Water lines in the project area during the same time frame. The Project Manager will help coordinate the work of these contractors with the CONTRACTOR. A. OWNER will give required notice to Agencies and to the public. B. OWNER shall obtain all required permits. C. CONTRACTOR shall provide all labor and materials unless otherwise specified. D. CONTRACTOR shall plan each installation to ensure that each required conduit terminates in the right location and mark it reflecting its end use. This will require close coordination with individual utilities and the CEI on site. E. The Work includes, but is not limited to, the following: • Trenching & backfilling • Boring • Conduit installation and marking • Replacing Sod • Placing concrete pads for FPL equipment • Placing splice vaults. 1.2 CONTRACTOR'S USE OF SITE A. The CONTRACTOR shall be confined to the areas shown on the contract documents. Any staging /storage areas shall be approved and coordinated with the OWNER. B. The CONTRACTOR shall explore ahead on each property to obtain the necessary materials list and to coordinate the work with the various utilities and property owners if needed. If any work other than what is specified is required the CONTRACTOR must contact the County Project Manager prior to starting the installation. C. If required the CONTRACTOR shall provide temporary restroom facilities (i.e. Portalet) for use by CONTRACTOR's employees during the term of the project, at no additional cost to the OWNER. Prior to delivery, CONTRACTOR shall obtain written approval from the OWNER or his representative for the location of each facility. D. Existing Utilities: Locate existing underground utilities in the areas of Work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. a. Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, consult CEI or his representative immediately for directions as to procedure. Cooperate with OWNER and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. b. Do not interrupt existing utilities serving facilities occupied and used by OWNER or others, except when permitted in writing by CEI or his representative and then only after acceptable temporary utility services have been provided. E. Protection of Persons and Property: Barricade open excavations occurring as part of this Work and post with warning lights. Operate warning lights during hours from dusk to dawn each day and as otherwise required. a. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. F. When equipment is not in use, it shall be stored only in designated storage areas, approved in writing by OWNER or his representative. G. The CONTRACTOR shall: 1. Assume full responsibility for protection and safekeeping of products stored on premises. 2. Provide and pay for labor, materials and equipment; tools, construction equipment and machinery; water, heat and utilities required for construction; and other facilities and services necessary for proper execution and completion of the work. 3. Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on performance of the Work. 4. Maintain traffic on all roads within the MSTU affected by the construction in accordance with Collier County Maintenance of Traffic policies. 1.3 SALVAGE OF EQUIPMENT AND MATERIALS 0 A. Existing equipment and materials removed, and not shown or specified to be reused as a part of the Work, shall become the CONTRACTOR's property. The CONTRACTOR shall be responsible for removal and disposal of such property. B. Existing materials removed by CONTRACTOR shall not be reused in the Work, except where so specified or indicated. 1.4 WORKING HOURS A. Working hours are considered to be an 8 -hour period (excluding lunch) between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. Any Work beyond the 8- hour period is to be requested in writing 24 hours prior and paid for by the CONTRACTOR. B. Any Work required on Saturday or Sunday shall be requested in writing 48 hours in advance. All requests must be approved by the OWNER in advance of the Work. Under emergency situations a verbal request may be made with a follow -up written request. 1.5 SITE RESTORATION A. CONTRACTOR shall backfill and compact all trench work and replace sod with the same type or reuse existing sod where practical. The CONTRACTOR must restore all areas disturbed by construction to a grade and elevation at least equal to the preconstruction condition including, driveways, roads, sprinkler systems, and other improvements. Maintain ingress and egress to all properties adjacent to the construction and minimize inconvenience to abutting property occupants. B. Contractor shall not remove any shrubbery, trees or plantings without approval of the OWNER. 7 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.1 GENERAL A. The following explanation of the Measurement and Payment for the Bid Tabulation items is provided; however, the omission of reference to any item shall not alter the intent of the Bid Tabulation or relieve the CONTRACTOR of the necessity of constructing a complete project under this Contract. B. The quantities set forth in the Bid Tabulation are approximate and are given to establish a uniform basis for the comparison of bids. The OWNER reserves the right to increase or decrease the quantity of any item or portion of the work during the progress of construction in accordance with the terms of the Contract. C. Unit prices are used as a means for computing the bid, for Contract purposes, for periodic payments, and for determining the value of additions or deletions. D. Payment shall be made for the items listed on the Bid Tabulation on the basis of the work actually performed and completed, including but not limited to, the furnishing of all necessary labor, materials, equipment, tools, transportation, delivery, disposal of waste and surplus material, backfilling, and site restoration as shown in the plans, and all other appurtenances to complete the construction and installation of the work as shown on the drawings and described in the specifications. If any item of work, process, equipment or material is not specifically listed in the unit price bid item schedule of values, the CONTRACTOR shall include and provide said work, process, equipment or material in a change order. 1.2 ESTIMATED QUANTITIES A. Where quantities are shown they are approximate and are given only as a basis of calculation upon which the award of the contract is to be made. OWNER or CEI do not assume any responsibility for the final quantities, nor shall CONTRACTOR claim misunderstanding because of such estimate of quantities. Final payment shall be made only for the satisfactorily completed quantity of each item. 1.3 MEASUREMENT STANDARDS A. All work completed under the Contract shall be measured according to United States Standard Methods. 1.4 METHOD OF MEASUREMENT A. Measurement of Length: Unless otherwise specified for the particular items involved, all measurements of distance for items to be paid for on the basis of length shall be taken horizontally or vertically. B. Measurement of Area: In the measurement of items paid for on the basis of area of finished work, the lengths and /or widths to be used in the calculations shall be the actual dimensions measured along the surface of the completed work within the neat lines shown or designated. At intersections, the measurement used for length of side area shall be measured from the outside edge of the width allowed along the main trench. 1.5 PAYMENT A. Lump Sum Items: Where payment is to be made on a lump sum basis, no separate payment shall be made for any item of work required to complete the lump sum item. B. Unit Price Items: Where payment is to be made on a unit price basis, separate payment shall be made for the items of work described herein and listed on the Bid Tabulation. Any related work not specifically listed, but required for satisfactory completion of the Work, shall be considered to be included in the scope of the appropriate listed work items. 1.6 COSTS INCLUDED IN PAYMENT ITEMS A. No separate payment shall be made for the following items (list not all inclusive) and the cost of such work shall be included in the applicable pay items of work. Dewatering and disposal of surplus water through a settling box and pipeline as approved by the CEI. Additional structural fill and backfill. 3. Replacement of unpaved roadways, shrubbery plots, trees and existing vegetation, except as otherwise specified. 4. Any material and equipment required to be installed and used for tests. 5. Density testing. 6. Maintaining the existing quality of service during construction. 7. Appurtenant work as required for a complete and operable system. 8. Products wasted or disposed of in a manner that is not acceptable. 9. Products determined as unacceptable before or after placement. 10. Products placed beyond the lines and levels of the required Work. 11. Products remaining on hand after completion of the Work. 12. Loading, hauling, and disposing of rejected Products. L1 13. Testing, except as otherwise specified. 14. Provisions for pedestrian & vehicular access by the use of ramps, steel plates, walls, etc. 15. Temporary pavement at excavations. 16. Coordination with utility companies. 17. Replacement of any utilities or facilities damaged by the CONTRACTOR within the project limits (including but not limited to existing water mains and services, sanitary sewer, sanitary sewer laterals, storm water, existing force main, irrigation systems, electrical, telephone, gas, cable TV, signal loops, signal interconnects, streetlight power, etc.) 18. Record drawing preparation. 19. Clean -up. B. Cleanup: CONTRACTOR's attention is called to the fact that cleanup is considered a part of the work of construction. No payment shall be made until cleanup is essentially complete. C. Work Outside Authorized Limits: No payment shall be made for work constructed outside the authorized limits of work. 1.8 APPLICATIONS FOR PAYMENT A. Applications for Payment shall be prepared by the CONTRACTOR and submitted to the OWNER in accordance with the schedule established by the Conditions of the Contract and the Agreement. B. Applications for Payment shall be submitted in the number and form established by the OWNER at the Preconstruction Conference. The form shall be completely filled out and executed by an authorized representative of the CONTRACTOR. Supporting data such as schedules and paid receipts of stored materials and release of liens shall be attached to each copy of the application. C. The quantity for payment shall be for trenching or boring and installing the conduit required by various utilities at the locations shown or implied by the Construction Drawings and Technical Specifications. The quantity for payment shall be determined by actual measurement of trench, bore, and conduit and verified by the Construction Engineer Inspector. D. Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all construction activities which may include, but not limited to, trenching, boring, conduit installation, excavating, backfilling, finish grading, sod, site restoration, cleanup, and other activities required to complete the Work in every respect. No extra payment shall be made if rock, muck, debris or other materials are encountered during construction. 10 SECTION 01026 1.1 GENERAL A. The Schedule of Values is an itemized list that establishes the value or cost of each part of the Work. Separate items such as conduit sweeps, couplings, and glue were not mentioned and should be assumed to be included in the total footage listed. The schedule shall be used as the basis for preparing progress payments and may be used as a basis for negotiations concerning additional work or credits which may arise during the construction. Quantities supplied by the CONTRACTOR in the bid tab may vary because of ongoing negotiations with four utilities as to what they will supply and possible network redesigns. Quantities and unit prices may be included in the schedule when approved by or required by the OWNER. 1.2 PREPARATION A. Schedule shall show each line item as shown in the bid form. The CONTRACTOR should includes all costs for each unit price including labor, materials, equipment, and other costs used in preparation of the Bid. B. Costs shall be as indicated in separate unit price amounts for each Section of the Specifications. C. When requested by OWNER, the CONTRACTOR may be asked to support values with data that will substantiate their correctness. D. The sum of the individual values shown on the Schedule of Values must equal the total Contract Price. E. Each item shall include a directly proportional amount of the CONTRACTOR'S overhead and profit. 1.3 SUBMITTAL A. Submit two copies of Schedule to OWNER for approval at least 20 days prior to submitting first application for a progress payment. After review by CEI, revise and resubmit Schedule as required until it is approved. A. Requests for Change Orders shall be prepared by the CONTRACTOR and submitted 11 to the OWNER via the CEI in accordance with the schedule established by the Conditions of the Contract and the Agreement. 12 SECTION 01040 PROJECT COORDINATION 1.1 GENERAL A. As more fully set forth in the General Conditions, the CONTRACTOR shall be solely responsible for coordination of all of the Work. He /she shall supervise, direct and cooperate fully with all subcontractors, utilities, manufacturers, fabricators, suppliers, distributors, installers, testing agencies and all others whose services, materials or equipment are required to ensure completion of the Work within the Contract Time. B. As more fully set forth in the General Conditions, the CONTRACTOR shall cooperate with and coordinate his/her Work with the work of any other CONTRACTOR, utility service company or OWNER'S employees performing additional work related to the Project at the site. C. The CONTRACTOR shall not be responsible for damage done by contractors not under his /her jurisdiction. He /she will not be liable for any such loss or damage unless it is through the negligence of CONTRACTOR. D. The CONTRACTOR shall maintain sufficient competent personnel to complete the work. CONTRACTOR will ensure that each subcontractor maintains the required personnel and facilities at the site. E. The CONTRACTOR shall also coordinate his/her Work with the work of others to assure compliance with schedules. F. The CONTRACTOR shall attend and participate in all project coordination or progress meetings and report on the progress of all Work and compliance with schedules. 13 SECTION 01091 REFERENCE STANDARDS PART 1 - GENERAL 1.1 SCOPE A. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The latest provisions of applicable standards shall apply to the Work, unless otherwise specified. Reference standards include, but are not necessarily limited to, the following: 1. American Association of State Highway and Transportation Officials. 2. American Concrete Institute. 3. American Institute of Steel Construction. 4. American Iron and Steel Institute. 5. American National Standards Institute. 6. American Society of Mechanical Engineers. 7. American Society for Testing and Materials. 8. American Water Works Association. 9. American Welding Society. 10. Concrete Reinforcing Steel Institute. 11. Institute of Electrical and Electronics Engineers. 12. National Electrical Manufacturer's Association. 13. Occupational Safety and Health Administration. 14. National Fire Protection Association. 15. Underwriters' Laboratories, Inc. 16. All other applicable standards listed in the Specifications, and the standards of utility service companies, where applicable. 14 SECTION 01092 ABBREVIATIONS AND SYMBOLS PART 1 - GENERAL 1.1 ABBREVIATIONS A. Common abbreviations which may be found in the Specifications are: alternating current a -c Fahrenheit OF ante meridian am feet ft ampere A feet per hour fph average avg feet per minute fpm feet per second fps biochemical oxygen BOD figure Fig demand flange flg brake horsepower bhp foot -pound ft -lb British thermal unit Btu gallon gal Centigrade °C gallons per minute gpm company Co gallons per second gps cubic inch cu in gram g cubic foot cu ft cubic yard cu yd Hertz Hz cubic feet per minute cfm hour hr cubic feet per second cfs horsepower hp inch in. decibel db inch -pound in. -lb degree Centigrade (or inside diameter id Celsius) (say) 20 °C degree Fahrenheit (say) 68 °F kilovolt - ampere kva diameter diam kilowatt kw direct current d -c kilowatt-hour kwhr dollars $ linear foot LF each ea liter L efficiency eff maximum max revolutions per mercury Hg minute rpm 15 milligram mg ACI American Concrete Institute milligrams per liter mg /L second sec milliliter ml specific gravity sp gr millimeter mm square sq million gallon mil square foot sq ft million gallons per American Society of Civil Engineers square inch sq in day mgd square yard sq yd minimum min standard std standard cubic feet net positive suction per minute scfm head npsh number No. total dynamic head tdh National Pipe Threads NPT totally-enclosed- fan- cooled tefc ounce oz outside diameter od volt v parts per million ppm post meridian pm pound lb pounds per square foot psf pounds per square inch psi pounds per square inch absolute psia pounds per square inch gage psig 1.2 ORGANIZATION ABBREVIATIONS A. Abbreviations of organizations which may be used in these Specifications are: ACS American Chemical Society ACI American Concrete Institute AGMA American Gear Manufacturers Association AIChE American Institute of Chemical Engineers AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute APHA American Public Health Association AREA American Railway Engineering Association ASTM American Society for Testing and Materials ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers 16 ASHRAE American Society of Heating, Refrigerating and 1.3 SYMBOLS A. Refer to Drawings for symbols used on the Drawings. 17 Air Conditioning Engineers AWWA American Water Works Association AWS American Welding Society CRSI Concrete Reinforcing Steel Institute EPA Environmental Protection Agency FM Factory Mutual HEW Department of Health, Education and Welfare HUD Department of Housing and Urban Development IEEE Institute of Electrical and Electronic Engineers IRI Industrial Risk Insurance ISO Insurance Services Office NAAMM National Association of Architectural Metal Manufacturers NARUC National Association of Railroad and Utilities Commissioners NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NSF National Sanitation Foundation OSHA Occupational Safety and Health Administration PCI Precast Concrete Institute SMACNA Sheet Metal and Air Conditioning National Association SSPC Steel Structures Painting Council UL Underwriters' Laboratories, Inc. USGS United States Geological Survey USPHS United States Public Health Service WWEMA Water and Wastewater Equipment Manufacturers Association 1.3 SYMBOLS A. Refer to Drawings for symbols used on the Drawings. 17 SECTION 01210 PRECONSTRUCTION CONFERENCE 1.1 GENERAL A. Date, Time and Location: Conference will be held after execution of the Contract and before construction is started at the site. OWNER will fix the date, time and location of the meeting in accordance with the General Conditions. B. The OWNER shall prepare agenda, preside at meeting, and prepare and distribute a transcript of proceedings to all parties. C. The CONTRACTOR shall provide data required, contribute appropriate items for discussion, and be prepared to discuss all items on agenda. 1.2 REQUIRED ATTENDANCE A. CONTRACTOR(S) and major subcontractors. B. OWNER'S representative. C. CEI. D. Representatives of governmental agencies having any degree of control or responsibility, if available. 1.3 AGENDA A. Agenda will include, but will not necessarily be limited to, the following: 1. Designation of responsible personnel. 2. Subcontractors. 3. Coordination with other contractors. 4. Progress schedule — construction activities. 5. Processing of Shop Drawings if required. 6. Schedule of Shop Drawing submittals if required. 7. Processing of Field Orders and Change Orders. 8. Requirements for copies of Contract Documents. 9. Insurance in force. 10. Schedule of values. 11. Processing of progress payments. 12. Use of premises. 18 13. CONTRACTOR(S) responsibility for safety and first aid procedures. 14. Security. 15. Housekeeping. 16. Field Offices. 17. Record Drawings. 18. Traffic Control Plan. 19. Permits. CE SECTION 0 13 10 CONSTRUCTION SCHEDULES 1.1 GENERAL A. Provide construction schedule, which conforms to the requirements below, unless otherwise approved by OWNER. B. Update schedules every month unless otherwise specified or directed by OWNER. C. The updated schedules shall be submitted to the OWNER at least monthly during the progress meeting. 1.2 CONTENT A. Shop Drawing submittal dates and required approval dates when required. B. Product delivery dates. C. Factory and field testing dates. D. Dates for beginning and completing each phase of the Work by activity and by trades. 1.3 FORMAT A. Type: Word Document B. Sheet Size: 8 1/2- inches by I1- inches. C. Time: Indicate by week the expected number of units to be completed. SECTION 01312 PROGRESS MEETINGS PART 1 - GENERAL 1.1 DESCRIPTION A. Date and Time: 1. Regular Meetings: As mutually agreed upon by OWNER, CEI and CONTRACTOR. 2. Other Meetings: On call. B. Place: At Project Site or other mutually agreed upon location. C. CEI will prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 1.2 MINIMUM ATTENDANCE A. CONTRACTOR: 1. When needed for the discussion of a particular agenda item, CONTRACTOR shall require representatives of Subcontractors or Suppliers to attend a meeting. B. CEI. C. OWNER's representative, as required. D. Others, as appropriate. E. Representatives present for each party shall be authorized to act on their behalf. 1.3 AGENDA A. Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. a. CONTRACTOR's. b. Subcontractors'. 21 3. Completion status. 4. Planned progress for next period. 5. Problems, conflicts and observations. 6. Status of Shop Drawings, and requests for information or clarification. 7. Change Orders. 8. Payment Applications. 9. Quality standards and control. 10. Schedules, updated Project Schedules, including off -site fabrication and delivery schedules; corrective measures, if required. 11. Coordination between parties. 12. Permits. 13. Safety concerns. 14. Construction photographs. 15. Record drawings. 16. Punch list status. 17. Other business. 22 U SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. The CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, the CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other the CONTRACTOR or utility service company. 2. Provide suitable storage facilities for all materials which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by his /her operations, to the end that at all times the site of the Work shall present a safe, orderly and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. The CONTRACTOR shall not, except after written consent from proper parties, enter or occupy privately owned land with men, tools, materials or equipment, except on easements provided herein. D. The CONTRACTOR shall assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at his expense, to a condition equal to that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right -of- way, or public place, the CONTRACTOR shall provide barricades, fences, lights, warning signs, 23 danger signals, watchmen, and shall take other precautionary measures for the protection of persons or property and of the Work. Barricades shall be painted to be visible at night. From sunset to sunrise, the CONTRACTOR shall furnish and maintain at least one light at each barricade. Sufficient barricades shall be erected to keep vehicles from being driven on or into Work under construction. The CONTRACTOR shall furnish watchmen in sufficient numbers to protect the Work. The CONTRACTOR'S responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until the Project is accepted by the OWNER. 1.3 TREE AND PLANT PROTECTION A. The CONTRACTOR shall protect existing trees, shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. B. Materials or equipment shall not be stored or parked within the drip line. C. Temporary fences or barricades shall be installed to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap that shall be kept continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run -off or noxious materials in solution. G. If branches or trunks are damaged, a professional certified Arborist, by International Society of Arboriculture, and shall do the pruning and shaping and shall be approved by the COUNTY PROJECT MANAGER. The work shall be done in a professional manner in accordance with ANSI 300, Part 1, 2, & 3 Pruning Standards. Any damaged materials or any incorrect pruning shall result in replacement of that material at the expense of the CONTRACTOR. H. All damaged trees and plants that die or suffer permanent injury shall be removed when ordered by the COUNTY PROJECT MANAGER and replaced by a specimen of equal or better quality by the CONTRACTOR. Coordinate Work in this Section with requirements of other sections herein. 1.4 PROTECTION OF EXISTING STRUCTURES 24 A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adjacent to the limits of the Work. 2. The CONTRACTOR shall explore ahead of his trenching and excavation Work and shall uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption to the services which such structures provide. If the CONTRACTOR damages an underground structure, he shall restore or have it restored to original condition at his expense. 3. Necessary changes in the location of the Work may be made by the OWNER with the agreement of the UTILITY, and the CONTRACTOR to avoid unanticipated underground structures. B. Surface Structures: 1. Surface structures are defined as all existing buildings, structures and other facilities above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facilities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. The CONTRACTOR shall sustain in their places and protect from direct or indirect injury all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, the CONTRACTOR shall satisfy the CEI that the methods and procedures to be used have been approved by the party owning same. 2. The CONTRACTOR shall assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. The CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by his Work to any structure. The CONTRACTOR shall repair immediately all damage caused by his /her work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at the CONTRACTOR'S expense. 25 1.5 PROTECTION OF INSTALLED PRODUCTS AND LANDSCAPING A. Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of Work. B. Control traffic to prevent damage to equipment, materials and surfaces. 26 SECTION 01561 SECURITY PART 1 - GENERAL 1.1 DESCRIPTION A. CONTRACTOR shall safely guard all the Work, materials, equipment and property from loss, theft, damage and vandalism. CONTRACTOR'S duty to safely guard property shall include the OWNER'S property and other private property from injury or loss in connection with the performance of the Work. B. CONTRACTOR shall provide the required security to prevent unauthorized entry. C. CONTRACTOR shall make no claim against the OWNER for damage resulting from trespass. D. CONTRACTOR shall be responsible for security and shall make good all damage to private property and property of OWNER and others arising from failure to provide adequate security. E. If existing fencing or barriers are breached or removed for purposes of construction, CONTRACTOR shall provide and maintain temporary security fencing equal to the existing in a manner satisfactory to the CONTRACTOR and OWNER. F. Security measures taken by CONTRACTOR shall be at least equal to those usually provided by OWNER to protect its existing facilities during normal operation. G. Maintain security program throughout the Work until Substantial Completion. H. All costs for security as specified in this Section shall be borne by CONTRACTOR. 27 SECTION 01611 STORAGE OF MATERIAL 1.1 GENERAL A. Store and protect materials in accordance with manufacturer's recommendations and requirements of Specifications. B. CONTRACTOR shall make all arrangements and provisions necessary for the storage of materials and equipment. All excavated materials, construction equipment, and materials and equipment to be incorporated into the Work shall be placed so as not to injure any part of the Work or existing facilities and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Materials and equipment shall be kept neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the OWNER. D. Materials and equipment which are to become the property of the OWNER shall be stored to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by freezing and moisture. They shall be placed in inside storage areas unless otherwise acceptable to OWNER. E. Lawns, grass plots or other private property shall not be used for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. SECTION 01710 PROJECT CLOSEOUT 1. DESCRIPTION OF REQUIREMENTS A. Definitions: Closeout is defined to include the general requirements near the end of the Contract Time, in preparation for final acceptance, final payment, normal termination of the Contract, occupancy by the OWNER and similar actions evidencing completion of the Work. 2. PREREQUISITES FOR FINAL ACCEPTANCE A. General: Prior to requesting the OWNER's final inspection for certifications of final acceptance and final payment, as required by the General Conditions, complete the following and list known exceptions (if any) in request: 1. Submit final payment request with final releases and supports not previously submitted and accepted. Include certificates of insurance for products and completed operations. 2. Submit updated final statement, accounting for additional changes to the Contract Sum. 3. Submit certified copy of OWNER's final punch -list of itemized Work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the OWNER Project Representative. 29 SECTION 02202 TRENCHING, BACKFILLING AND COMPACTING FOR UTILITIES PART 1 - GENERAL 1.1 SCOPE OF WORK A. The extent of trenching, backfilling and compacting is shown on the drawings. B. This section includes furnishing equipment, labor and materials, and performing all operations necessary and incidental to perform the required Work. 1.2 CLEARING THE SITE A. The site of the Work shall be cleared of all trees, shrubs, paving and objectionable material which interfere with the completion of the proposed Work. Trees and shrubs which will not interfere with construction shall be protected from damage. Clearing shall be considered as an incidental item of excavation. 1.3 EXCAVATION A. General: Perform excavation described of whatever substance encountered to the dimensions and depths specified or shown on the drawings. Undercutting will not be permitted, except when ordered by the OWNER. Material suitable for backfill shall be stockpiled near the site. Rock or other material undesirable for backfill shall be spoiled outside the area in a neat manner, as directed by the OWNER. Where it is necessary to cut roots projecting into an excavation or where it is necessary to trim branches for equipment clearance, all severed root ends or cuts to branches over 1/2 -inch diameter shall be treated with an asphalt base pruning paint. Backfill over exposed roots as soon as possible. B. Rocks: Where encountered in the trench bed, rock shall be excavated to a depth of 1/4 of the conduit diameter but in no case less than 4" below the bottom of the conduit. All undercut trench excavation shall be backfilled with #57 stone or as approved by OWNER. C. Unstable Sub grade: In the event that unsuitable material is encountered at or below the excavation depth specified or shown on the drawings, the OWNER shall be notified. Such material shall be removed and replaced with suitable material. Methods and materials used for replacement shall be one of -the following as directed by the OWNER in writing. 30 I . Suitable earth or sand compacted in the trench. Materials shall be furnished as a part of the conduit bid item. 2. Gravel or crushed lime rock, compacted in the trench and paid for under the conduit bid item. 3. Existing materials stabilized after removal and then replaced and compacted in the trench. The OWNER shall determine the methods and materials to be used, based upon the condition of the excavation, the conduit or structure to be supported, and the availability and character of stabilizing materials. D. Trenches: 1. Keep conduit laying operations as close to the excavation operation as possible during the prosecution of the Work. The OWNER reserves the right to stop the excavation at any time when, in its opinion, the excavation is opened too fax in advance of the conduit laying. 2. Conduit trenches shall be excavated to a depth as required by the OWNER and various Utilities. Trenches shall be only of sufficient width to provide a free Working space on each side of the conduit. If this maximum width is exceeded, it shall be the CONTRACTOR's responsibility to provide, at no additional cost to the OWNER, such additional bedding or select backfill materials as the OWNER may require. 3. In order to avoid existing utilities, at times it may be necessary for the conduit to be laid deeper than the minimum cover specified in the preceding paragraph. At such time, the CONTRACTOR will not be allowed extra compensation for additional excavation involved. 4. Where possible, excavated material shall be placed so as not to interfere with public travel. Bridging shall be provided to afford necessary access to public travel. Bridging shall be provided to afford necessary access to public or private premises. Bridging shall be considered as part of the excavation operation and shall be supplied at no additional cost to the OWNER. 1.4 BACKFILL A. Trenches: 1. Trenches shall be backfilled immediately after the conduit is laid unless other protection for the conduit is provided. Clean earth, sand, crushed lime rock, or other material approved by the OWNER shall be used for backfill. 2. The remainder of the backfill shall be deposited in 6" layers and compacted by hand or mechanical tampers. Compaction in non - roadway areas must be sufficient to prevent sinking and to where no further settlement of trenches will occur. 3. Any settlement will be repaired by the CONTRACTOR as part of the warranty. 31 3. Compaction under pavement and structures shall be carried out to achieve a density of at least 98% of the maximum density. In areas to be repaved, density tests for determination of the specified compaction shall be made and spaced one in every 20 feet of trench cut. When under a roadway density tests shall be considered a part of the backfill operation. It is the intent of this specification to secure a condition where no further settlement of trenches will occur. When backfilling is completed, the roadway base for pavement replacement may be placed immediately. All density shall be determined by AASHTO Method T- 180. 1.5 DISPOSAL OF MATERIALS A. Such portions of the excavated materials as needed and as suitable shall be used for backfilling and grading about the complete Work to the elevations as shown on the drawings or as directed. Excavated material in excess of the quantity required for this purpose shall be disposed of by the CONTRACTOR. The CONTRACTOR shall leave the earth over the trenches or other excavations in a neat and uniform condition acceptable to the OWNER. Existing elevations will not be modified unless directed by the OWNER. 1.6 CLEANUP A. Debris and waste materials shall be removed from the each site as completed. 32 SECTION 02203 DIRECTIONAL BORING Part I- DESCRIPTION 1.1 SCOPE OF WORK: The work specified in this Section documents the approved construction methods, procedures and material for Directional Boring, also commonly called Horizontal Directional Drilling (HDD) performed by CONTRACTOR. 1.2 GENERAL: HDD is a trenchless method for installing a product that serves as a conduit for liquids, gasses, or as a duct for pipe, cable, or wire line products. It is a multi -stage process consisting of site preparation and restoration, equipment setup, and drilling a pilot bore along a predetermined path and then pulling the product back through the drilled space. When necessary, enlargement of the pilot bore hole may be necessary to accommodate a product larger than the pilot bore hole size. This process is referred to as back reaming and is done at the same time the product is being pulled back through the pilot borehole. 1.3 Accomplish alignment of the bore by proper orientation of the drill bit head as it is being pushed into the ground by a hydraulic jack. Determine orientation and tracking of the drill bit by an above ground radio detection device which picks up a radio signal generated from a transmitter located within the drill bit head. Then electronically translate the radio signal into depth and alignment. In order to minimize friction and prevent collapse of the borehole, introduce a soil - stabilizing agent (drilling fluid) into the annular bore space from the trailing end of the drill bit. The rotation of the bit in the soil wetted by the drilling fluid creates slurry. The slurry acts to stabilize the surrounding soil and prevent collapse of the borehole as well as provides lubrication. 1.4 Select or design drilling fluids for the site - specific soil and ground water conditions. Confine free flowing (escaping) slurry or drilling fluids at the ground surface during pull back or drilling. Accomplish this by creating sump areas or vacuum operations to prevent damage or hazardous conditions in surrounding areas. Remove all residual slurry from the surface and restore the site to preconstruction conditions. Part II MATERIALS 33 1.5 GENERAL: Materials are defined as conduit that becomes the installed product. Incidental materials that may or may not be used to install the product depending on field requirements are not paid for separately and will be included in the cost of the installed product. 1.6 MATERIAL TYPE: The following material standards are to be interpreted as the minimum in place standards. Use materials that are appropriate for the stresses generated by the selected equipment and field conditions. It is not intended to portray that the use of materials with these minimum material standards will retain their required properties if the stress limits are exceeded for which they were designed during installation. Ensure that the appropriate material is used to retain compliance. FPL, Century Link, Comcast, and Summit will each specify the type of conduit used for each of their installations. Material Standards for HDD Installation Material Type Non - Pressure Pressure Polyethylene (PE) ASTM D 2447 ASTM 2513 ASTM D 2447 High Density ASTM D 2447 ASTM D 2447 Polyethylene (HDPE) ASTM D 3350 ASTM D 3350 ASTM F714 ASTM F714 ASTM 2513 Polyvinyl- Chloride ASTM F 789 N/A (PVC) Steel ASTM A139 Grade B AWWA C200 API 2B(2) No hydrostatic test required (2) Dimensional tolerances only Part III CONSTRUCTION SITE REQUIREMENTS 1.7 LEGAL PROVISIONS: Comply with the following site condition provisions: a. Chapter 556, FS for Sunshine State One Call. Use methods for marking utilities that minimize the impact on other construction or maintenance activities, including mowing operations, which may be conducted throughout the project on a cyclic basis. Limit marking to painting unless approved by the CEI. When and where flagging of existing utilities is required, limit flagging to an area for which construction can be accomplished in no more than 14 consecutive days. 34 b. The Americans with Disabilities Act. When and where product lines are temporarily allowed to be exposed through the sidewalk areas for periods exceeding two consecutive work days, ensure that an alternate route is provided that meets ADA requirements. 1.8 SITE CONDITIONS: a. Carry out excavation for entry, exit, recovery pits, slurry sump pits, or any other excavation in an orderly controlled method. Sump pits are required to contain drilling fluids if vacuum devices are not operated throughout the drilling operation. b. Upon completion the installation of the boring product, clean the work site of all excess slurry or spoils. Take responsibility for the removal and final disposition of excess slurry or spoils. Ensure that the work site is restored to pre- construction conditions or as identified on the plans. c. Provide MOT in accordance with the Florida Department of Transportation Design Standards and the MUTCD when and where the former is silent. d. Exposure of product shall be limited to 3 feet (lm) and 14 consecutive days unless approved by the CEI. 1.9 DAMAGE RESTORATION: Take responsibility for restoration for any damage caused by heaving, settlement, separation of pavement, escaping drilling fluid (frac -out), or the directional drilling operations, at no cost to the OWNER. 1.9.1 REMEDIATION PLANS: When required, provide detailed plans which show how damage to any roadway facility will be remedied. These details will become part of the As -Built Plans package. Remediation Plans must follow the same guidelines for development and presentation of the As -Built Plans. When remediation plans are required, they must be approved by the OWNER before any work proceeds. 2 QUALITY CONTROL 2.1 GENERAL: The CONTRACTOR shall have control of the operation at all times. The CONTRACTOR must have a representative who is thoroughly knowledgeable of the equipment and boring procedures, present at the job site during the entire installation and available to address immediate concerns and emergency operations. Do not begin installation until the CEI is present at the jobsite and agrees that proper preparations have been made. 35 2.1.1 PRODUCT TESTING: Where there is any indication that the installed product has sustained damage and may leak, stop all work, notify the CEI and investigate damage. The CEI may require a pressure test and is required to be present during the test. The CEI is allowed up to 72 hours to approve or determine if the product installation is not in compliance with the specifications. The CEI may require non - compliant installations to be filled with excavatable flowable fill. 2.1.2 TESTING METHODS: Testing may consist of one of the following methods and must always meet or exceed the testing requirements: a. Follow the product manufacturer's pressure testing recommendations. b. Ensure that product carrier conduits installed without a casing meet the pressure requirements set by the owner. If the owner does not require pressure testing, the CEI may require at least one test. c. A water tight pipe and joint configuration where the product is installed beneath any pavement (including sidewalk) and front shoulders is required. The CEI will determine when and where water tight joint requirements will be applied to the ultimate roadway section for future widening. When a product is located elsewhere, the pipe and joint configuration must meet or exceed soil tight joint requirements. Conduct tests for joint integrity for one hour. The test for soil tight joint allows up to 0.1 gallon (0.4 liter) of water leakage at a sustained pressure of 2 PSI (13.79kPa). The watertight joint criteria allow no leakage at all for a sustained pressure of 5 PSI (34.47kPa). 2.1.3 FAILED BORE PATH: If conditions warrant removal of any materials installed in a failed bore path, as determined by the CEI, it will be at no cost to the OWNER. Promptly fill all voids by injecting all taken out of service products that have any annular space with excavatable flowable fill. 2.2 PRODUCT LOCATING AND TRACKING: The method of locating and tracking the drill head during the pilot bore will be shown in the plans. The OWNER recognizes walkover, wire line, and wire line with surface grid verification, or any other approved system, as the accepted methods of tracking directional bores. Use a locating and tracking system capable of ensuring that the proposed installation is installed as intended. IF an area of radio signal interference is expected to exceed 5 feet (1.5 m), the CEI may specify the use of a suitable tracking system. The locating and tracking system must provide information on: a. Clock and pitch information 36 b. Depth c. Transmitter temperature d. Battery status e. Position (x, y) f. Azimuth, where direct overhead readings (walkover) are not possible (i.e. subaqueous or limited access transportation facility) g. Ensure proper calibration of all equipment before commencing directional drilling operation. h. Take and record alignment readings or plot points such that elevations on top of and offset dimensions from the center of the product to a permanent fixed feature are provided. Such permanent fixed features must have prior approval of the CEI. Provide elevations and dimensions at al bore alignment corrections (vertical and horizontal) with a minimum distance between points of 100 feet (30m). Provide a sufficient number of elevations and offset distances to accurately plot the vertical and horizontal alignment of the installed product. A minimum of three elevation and plot points are required. Install all facilities such that their locations can be readily determined by electronic designation after installation. For non - conductive installations, attach a minimum of two separate and continuous conductive tracking (tone wire) materials, either externally, internally or integral with the product. Use either a continuous green - sheathed solid conductor copper wire line (minimum #12 AWG for external placement or minimum #14 AWG for internal placement in conduit /casing) or a coated conductive tape. Conductors must be located on opposite sides when installed externally. Connect any break in the conductor line before construction with an electrical clamp, or solder, and coat the connection with a rubber or plastic insulator to maintain the integrity of the connection from corrosion. Clamp connections must be made of brass or copper and of the butt end type with wires secured by compression. Soldered connections must be made by tight spiral winding of each wire around the other with a finished length minimum of 3 inches (76 mm) overlap. Tracking conductors must extend 2 feet (610 mm) beyond the bore termini. Test conductors for continuity. Each conductor that passes must be identified as such by removing the last 6 inches (152 mm) of the sheath. No deductions are allowed for failed tracking conductors. Failed conductor ends must be wound into a small coil and left attached for future use. 2.3 PRODUCT BORE HOLE DIAMETER: Minimize potential damage from soil displacement /settlement by limiting the ratio of the bore hole to the 37 product size. The size of the back reamer bit or pilot bit, if no back reaming is required, will be limited relative to the product diameter to be installed as follows: Maximum Pilot or Back- Reamer Bit Diameter When Rotated 360 degrees Nominal Inside Conduit Diameter Inches [mm] Bit Diameter Inches [mm] 2 [50] 4 [100] 3 [75] 6 [150] 4 [100] 8 [2.00] 6 [150] 10 [25 0] 8 [200] 12 [3 00] 10 [25 0] 14 [350] 12 [300] and greater Maximum Product OD plus 6 [150] 2.4 DRILLING FLUIDS: Use a mixture of bentonite clay or the other approved stabilizing agent mixed with potable water with a minimum ph of 6.0 to create the drilling fluid for lubrication and soil stabilization. Vary the fluid viscosity to best fit the soil conditions encountered. Do not use any other chemicals or polymer surfactants in the drilling fluid without written consent from the CEI. Certify to the CEI in writing that any chemicals to be added are environmentally safe and not harmful or corrosive to the facility. Identify the source of water for mixing the drilling fluid. Approvals and permits are required for obtaining water from such sources as streams, rivers, ponds or fire hydrants. Any water source used other than potable water may require a pH test. 2.5 EQUIPMENT REQUIREMENTS: Ensure that appropriate equipment is provided to facilitate the installation as follows: HDD Equipment System Conduit Bore Length Torque Ft -Lbs Trust /Pullback Description Diameter Feet [m] [nm] Lbs [kN] Inches [mm] Maxi -HDD 18 [450] and >1,000 [305] >10,000 >70,000 greater [13,558] [311.375] Midi -HDD Up to 16 [400] Up to 1,000 1,900 to 9,999 20,001 to [305] [2,576 to 69,999 [88.969 13,557] to 311.374] Mini -HDD Up to 6 [150] Up to 600 Up to 1,899 Up to 20,000 [180] Up to 2,575 Up to 88.964] For the above, multiple conduit installation must not exceed the total outside conduit diameters stated above. Match equipment to the size of conduit being installed. Obtain the CEI's approval for installations differing from the above chart. Ensure that the drill road can meet the bend radius required for the proposed installation. 2.6 THRUST /PULLBACK REQUIREMENTS: Unless approved by the CEI, limit use of HDD equipment to installing the following product sizes and lengths based on the following product size, force and length relationships. HDD Bore Equipment Thrust /Pullback Capacity Lbs 5,000 to 7,001 to 12,001 16,001 to 25,001 to >40,000 7,000 12,000 to 25,000 40,000 16,000 kN 22.241 31.139 53.380 71.173 to 111.207 >177.929 to to to 111.206 to 31.138 53.379 71.172 177.929 Product Size (1) Maximum Pullback Distance In Feet [m] Inches [mm] 4 [ 100] 400 or < [122] or < 6 [150] 600 or < [183] or < 8 [200] 800 or < [244] or < 10 [250] 1,000 or < [305] Or < 12 [3 00] 2,000 or < [610] or < > 12 Engineer's [300] Discretion 39 for the above, where a single pull of multiple conduits is to be attempted, the applicable product size must be determined by the diameter of a circle that will circumscribe the individual conduits as a group. 3 DRILLING OPERATIONS: 3.1 INSTALLATION PROCESS: Ensure adequate removal of soil cuttings and stability of the bore hole by monitoring the drilling fluids such as the pumping rate, pressures, viscosity and density during the pilot bore, back reaming and conduit installation. Relief holes can be used as necessary to relieve excess pressure down hole. Obtain the CEI's approval of the location and all conditions necessary to construct relief holes to ensure the proper disposition of drilling fluids is maintained and unnecessary inconvenience is minimized to other facility users. To minimize heaving during pull back, the pull back rate is determined in order to maximize the removal of soil cuttings without building excess down hole pressure. Contain excess drilling fluids at entry and exit points until they are recycled or removed from the site or vacuumed during drilling operations. Ensure that entry and exit pits are of sufficient size to contain the expected return of drilling fluids and soil cuttings. Ensure that all drilling fluids are disposed of or recycled in a manner acceptable to the appropriate local, state, or federal regulatory agencies. When drilling in suspected contaminated ground, test the drilling fluid for contamination and appropriately dispose of it. Remove any excess material upon completion of the bore. If in the drilling process it becomes evident that the soil is contaminated, contact the CEI immediately. Do not continue drilling without approval. The timing of all boring processes is critical. Install a product into a bore hole within the same day that the pre -bore is completed to ensure necessary support exists. 3.2 BORING FAILURE: If an obstruction is encountered during boring which prevents completion of the installation in accordance with the design location and specifications, the conduit may be taken out of service and left in place at the discretion of the CEI. Immediately fill the product left in place with excavatable flowable fill. If, during construction, damage is observed to the FDOT /County facility, cease of all work at that location until resolution to minimize further damage M and a plan of action for restoration is obtained and approved by the Owner. 4 DOCUMENTATION REQUIREMENTS: 4.1 BORING PATH REPORT: Furnish a bore Path Report to the CEI within seven days of the completion of each bore path. Include the following in the report: a. Location of project and financial project number including the Permit Number when assigned. b. Name of person collecting data, including title, position and company name. c. Investigation site location (Contact plans station number or references to a permanent structure within the project right -of -way) d. Identification of the detection method used. e. Elevations and offset dimensions as required in Section 4.3. 4.2 AS -BUILT PLANS: Provide the CEI a complete set of As -Built Plans showing all bores (successful and failed) within 30 calendar days of completing the work. Ensure that the plans are dimensionally correct copies of the Contract plans and include roadway plans and profile, cross - section, boring location and subsurface conditions as directed by the CEI. The plans must show appropriate elevations and be referenced to an OWNER Survey Mark or use USES grid system and datum. Plans must be in the same scale in black ink on white paper, of the same size and weight as the contract plans. Submittal of electronic plans date in lieu of hard copy plans is preferred and may be approved by the OWNER if compatible with the OWNER software. Specific plans content requirements include but may not be limited to the following: a. The Contract plan view shows the centerline location of each facility installed, or installed and placed out of service, to and accuracy of 1 inch (25 mm) at the ends and other points physically observed in accordance with the bore path report. b. As directed by the CEI, provide either a profile plan for each bore path, or a cross - section of the roadway at a station specified by a roadway centerline profile. Show the ground or pavement surface and crown elevation of each facility installed, or installed and placed out of service, to an accuracy within 1 inch (25) mm) at the ends and other exposed locations. On profile plans for bore paths crossing the roadway show stationing of the crossing on the Contract plans. On the profile plans for the bore paths paralleling the roadway, show the Contract plans stationing. If the profile plan for the bore path is not made on a copy of one of the Contract profile or cross- section sheets, use a 10 to I vertical exaggeration. 41 c. If, during boring, an obstruction is encountered which prevents completion of the installation in accordance with the design location and specification, and the product is left in place and taken out of service, show the failed bore path along with the final bore path on the plans. Note the failed bore path as "Failed Bore Path — Taken Out of Service ". Also show the name of the Utility owner, location and length of the drill head and any drill stems not removed from the bore path. d. Show the top elevation, diameter and material type of all utilities encountered and physically observed during the subsoil investigation. For all other obstructions encountered during a subsoil investigation or the installation, show the type of material, horizontal and vertical location, top and lowest elevation observed, and note if the obstruction continues below the lowest point observed. e. Include bore notes on each plan stating the final bore path diameter, product diameter, drilling fluid composition, composition of any other materials used to fill the annular void between the bore path and the product, or facility placed out of service. Note if the product is a casing as well as the size and type of carrier conduit placed within the casing as part of the Contract work. 4.2 METHOD OF MEASUREMENT: The method of measurement will be based on the length of product measured in place along the surface of the ground, complete and accepted. No additions or deductions will be made for sweeps in either the vertical or horizontal direction to complete the installation. 4.3 BASIS OF PAYMENT: Payment will be full compensation for all work specified in this Section, including all installations, from plan point of beginning to plan point of ending (i.e. pull box) at plan depth, product, tracking conductor, removal of excavated materials and spoils, removal and disposal of drilling fluids, backfilling, and complete restoration of the site. Bundled product in a single bore will be paid for as a single bore based on the required drill bit head or reamer head size. Separate payment shall not be made for individual products in a bundle. The installation and attachment of tracking conductors (wire or tape) will be included in the cost of the bore and will not be paid for separately. No payment will be made for failed bore paths, injection of flowable fill, products taken out of service or incomplete installations. 42 No payment will be made for directional boring until a Bore Path Report has been delivered to the CEI and he has accepted it. 43 1 •� •? • • • • 011,11 1 • • • • • • • • • . M! . •+ • . i' ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 •••i' • •• 1111w I • • • • • • •• 0 • ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 W4,11 - 1i ■ I . I Q*611916" 111�� ?nd titled: Comcast Vanderbilt Redesign Phase 11 and III; FPL Project Phase Map; FPL Vanderbilt Phase 11 Preliminary; FPL Vanderbilt Phase III Preliminary; Missing FPL Drainage Preliminary Phase 11; Phase III Survey; Storm Drainage Phase 11 and ITB 14-6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014 NOTE: This exhibit is for the purposes of Phase One Project only. Final Boundary for Phases 2, 3, and 4 may vary due to FPL power configuration requirements after final design plans are produced. 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VV41 BBACy ROAb PA'I� ©,�SII�I r Name Terrell Bridges William Green Bill Robison Personnel Category Construction Superintendent Construction Superintendent Construction Superintendent Fredie Brady Project Manager ITB 14 -6320 Vanderbilt Beach Utility Conversion Construction Services Agreement: Revised 04152014