The URL can be used to link to this page

Agenda 07/12/2016 Item #11C 7/12/2016 11 .C. EXECUTIVE SUMMARY Recommendation to award Contract 16-6628, Vanderbilt Drive Bridge Replacements, to Thomas Marine Construction, Inc., in the amount of $5,415,914.91, Project No. 66066, authorize the necessary budget amendments and recognize a future fund reimbursement. OBJECTIVE: To replace two bridges on Vanderbilt Drive, Bridge Number 030177 over Little Horse Pass, and Bridge Number 030178 over a tidal creek. CONSIDERATIONS: Vanderbilt Drive is a north-south major collector roadway that runs parallel to the west of US41 between Bonita Beach Road and Vanderbilt Beach Road, and is designated by Collier County as a hurricane evacuation route. It provides access to numerous residential communities and various recreational facilities. The primary purpose of this Project is to replace two obsolete bridges located on Vanderbilt Drive in Collier County, and resurface/reconstruct the roadway section from approximately 300 feet south of bridge number 030178 to the south end of the Frank Halas Bridge over the Cocohatchee River (bridge number 034176). Both bridges were built in 1964 and are currently identified by the Florida Department of Transportation as having low sufficiency ratings, with bridge number 030177 also being classified as functionally obsolete. In 2012, the County, through its consulting engineering services contract, developed a "Bridge Program Study Report,"which identified deficiencies extensive enough to warrant replacement of bridge numbers 030177 and 030178. Existing bridge number 030177 is located 1.2 miles north of CR 846 (Immokalee Road) over the Little Horse Pass. The replacement bridge will accommodate two 11' through lanes, an 11' northbound left turn lane, 5' shoulders, a 6' maintenance access way on the east side, and a 10' shared use pathway on the west side. Existing bridge number 030178 is located 0.7 miles north of CR 846 over a tidal creek. The bridge will be replaced with a new four-sided box culvert to accommodate two 11' through lanes, 5' shoulders and a 7'-6"future sidewalk area on the east side. Roadway approaches will be resurfaced/reconstructed, as appropriate, and will begin approximately 300 feet south of bridge number 030178 and end south of bridge number 034176 over the Cocohatchee River. The roadway typical section will consist of two 11' through lanes with 5' paved shoulders and a shared use path along the west side of the road. Additional work includes: improvements to development entrances within the limits of the project, the reconstruction of the intersection at Marina Bay Club and Vanderbilt Drive, public utility water and wastewater main replacements at both bridge locations and the installation of various stormwater management features. The design Maintenance of Traffic (MOT) plan was developed to minimize impacts to the traveling public while also minimizing the duration of construction. The design MOT plan includes a full closure of bridge number 030177, with an off-site detour using the available off-site roads that include Immokalee Road, Bonita Beach Road and US 41. Staged construction was incorporated into the design for the replacement of bridge number 030178 utilizing two-way traffic and temporary signals. The Packet Page-51- 7/12/2016 11 .C. contractor may elect to submit an alternate construction phasing/MOT plan to the County for consideration prior to construction; however, under no circumstances shall both bridges be closed to traffic at the same time. On March 28, 2016, the Collier County Growth Management Department, through its Transportation Engineering Division, issued Solicitation 16-6628, Vanderbilt Drive Bridge Replacements, to acquire bids from contractors for this repair project. Two thousand eighty nine (2,089) notices of the bid were sent out and one hundred twelve (112) were downloaded. Two bids were received, opened and read publicly on May 03, 2016. The offers are summarized below. Vendor Project Bid Thomas Marine Construction,Inc. $5,415,914.91 Wright Construction Group,Inc. $5,857,438.61 Staff has determined that the lowest bid is fair and responsive and recommends awarding the contract to Thomas Marine Construction, Inc. The bid is approximately 13 percent above the design engineer's $4,787,005.05 opinion of cost. The contract, bid tabulation, and engineer's letter of recommendation are all attached. The bid amount incorporates allowances in the amount of$435,000 for owner-directed additional work. The price for any additional work will be negotiated prior to commencement in accordance with the County's Procurement Ordinance and the terms of the agreement. FISCAL IMPACT: This project will be funded through several sources including: Project Number Department Fund Amount Source of Funds 66066 GMD 313 $4,673,428.71 Gas Taxes 70071 PUD 412 $344,516.15 Water Capital 73065 PUD 414 $397,970.05 Wastewater Capital Funding is available in project 66066, and is consistent with,the FY2016 Capital Budget approved by the Board on September 24,2015. Budget amendments are necessary to appropriate funding in the Water Capital and Wastewater Capital funds. Reimbursable funds available in Road Maintenance project 60131 in the amount of $170,000 will be moved into 66066 by the budget amendment. As part of the settlement of the case Lodge Abbott Associates, LLC v. Collier County, Case No. 05-967- CA, a Settlement Agreement and Release was executed on June 9, 2008, which provided in part that Lodge Abbott would construct, with its own funds, a ten foot wide pathway on the western side of Vanderbilt Drive, to be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential condominium building within the Cocohatchee Bay PUD project. Lodge Abbott will be providing payment in lieu of construction (the construction thereof to be incorporated into the County's project); and the receipt of those additional future reimbursable funds from Packet Page-52- 7/12/2016 11 .C. Lodge Abbott in the approximate amount of$220,198 will be appropriated into project 66066 upon the County's receipt of payment. The bridges and all new or replacement features to be installed during execution of the project, such as roadway and stormwater features, will be new. Therefore, minimal to no maintenance costs are expected to be incurred within the first 5 to 7 years of service and will be absorbed into the regular maintenance schedule thereafter. The expected useful service life of the new bridges is estimated to be 75 years. Annual operation costs of water and/or waste water mains replaced during the project will remain the same or decrease. GROWTH MANAGEMENT IMPACT: This project is in accordance with the goals and objectives of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: To award Contract 16-6628, Vanderbilt Drive Bridge Replacements, to Thomas Marine Construction, Inc., in the amount of$5,415,914.91, authorize the Chairman to sign the attached contract, authorize the necessary budget amendments, and authorize appropriation of future reimbursable funds. Prepared by: Anthony O. Stolts, P.E., Sr. Project Manager, Transportation Engineering Division, Growth Management Department Attachments: 1) Contract 16-6628 (106 pp) http://apps3.co11iergov.net/agenda/ftp/2016BCCMeetings/AgendaJuly 1216/GrowthMgmt/01 16- 6628 Agreement CAO approved.pdf 2) Bid Tabulation(5 pp) 3) Bid Recommendation Letter(1 page) 4) Composite Attachment consisting of: -Settlement Agreement and Release(97 pp) http://apps3.col1iergov.net/agenda/ftp/2016BCCMeetings/AgendaJuly1216/GrowthMgint/04 1 S A&R Lodge Abbott.pdf -Final Site Development Plans Approval SDPA Kalea Bay(5 pp) -Kalea Bay Condominium Phase 1 SDP Amendment App. (12 pp) -PUD R/W Frontage Exhibit(2 pp) Packet Page-53- 7/12/2016 11 .C. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.C. Item Summary: Recommendation to award Contract 16-6628, Vanderbilt Drive Bridge Replacements,to Thomas Marine Construction, Inc., in the amount of$5,415,914.91, Project No. 66066, authorize the necessary budget amendments and recognize a future fund reimbursement. Meeting Date: 7/12/2016 Prepared By Name: StoltsAnthony Title: Project Manager, Senior,Transportation Road Maintenance 6/2/2016 1:41:08 PM Submitted by Title: Project Manager, Senior,Transportation Road Maintenance Name: StoltsAnthony 6/2/2016 1:41:09 PM Approved By Name: ChmelikTom Title: Division Director-Public Utilities Eng, Public Utilities Engineering Date: 6/2/2016 3:03:31 PM Name: KhawajaAnthony Title: Chief Engineer-Traffic Operations, Traffic Operations Date: 6/3/2016 3:51:46 PM Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 6/6/2016 11:25:21 AM Name: EvelynColon Title:Procurement Specialist,Procurement Services Date: 6/7/2016 8:53:15 AM Packet Page-54- 7/12/2016 11 .C. Name: ShueGene Title:Division Director-Operations Support, Growth Management Department Date: 6/7/2016 4:37:53 PM Name: GossardTravis Title: Division Director-Road Maintenance,Road Maintenance Date: 6/7/2016 4:49:09 PM Name: PutaansuuGary Title: Project Manager, Principal,Transportation Road Maintenance Date: 6/7/2016 5:30:18 PM Name: HerreraSandra Title: Manager-Procurement, Procurement Services Date: 6/8/2016 10:27:26 AM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 6/9/2016 3:06:19 PM Name: JohnsonScott Title: Manager-Procurement,Procurement Services Date: 6/13/2016 11:08:40 AM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 6/17/2016 11:13:53 AM Name: KearnsAllison Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 6/17/2016 11:37:16 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 6/20/2016 9:13:33 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 6/24/2016 2:23:21 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/27/2016 9:14:55 AM Packet Page-55- 7/12/2016 11 .C. Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 6/30/2016 5:24:15 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 7/1/2016 5:01:18 PM Packet Page -56- Project Manager:Anthony Stolts Bid Tabulation Notifications Sent:2086 Project Strategist:Evelyn Colon 16-6628 Vanderbilt Drive Bridge Replacements Downloaded:112 Submissions:2 Thomas Marine Construction,Inc Wright Construction Group,Inc. PAY ITEM# ITEM DESCRIPTION • 1 UNIT I QUANTITY , UNIT COST :' 1 TOTAL COST UNIT COST 1 TOTAL COST STRUCTURES(BOX CULVERT BRIDGE NUMBER 034181) PROTECTION OF EXIST.STRUCTURES-INSPECTION 0108 1 &SETTLEMENT MONITORING LS 1 $47,250.00 $47,250.00 $8,764.76 $8,764.76 0110 3 REMOVAL OF EXISTING STRUCTURE LS/SF 1343 $20.80 $27,934.40 $23.87 $32,057.41 0400 4 1 CONCRETE CLASS IV,CULVERTS CY 230.5 $1,190.00 $274,295.00 $1,664.54 $383,676.47 0415 11 REINFORCING STEEL-ROADWAY LB 53035 $0.80 $42,428.00 $0.85 $45,079.75 0455 133 2 SHEET PILING STEEL,TEMPORARY-CRITICAL SF 4409 $0.80 $3,527.20 $16.43 $72,439.87 0460 70 1 ALUMINUM BULLET RAILINGS,SINGLE RAIL LF 154 $31.05 $4,781.70 $28.51 $4,390.54 0521 5 1 CONCRETE TRAFFIC RAILING,BRIDGE 32"F-SHAPE LF 154 $120.00 $18,480.00 $142.73 $21,980.42 053074 BEDDING STONE TN 31.1 $75.00 $2,332.50 $89.81 $2,793.09 053078 RIPRAP-ARTICULATING BLOCK SY 180 $143.00 $25,740.00 $176.05 $31,689.00 10999 25 STRUCTURES ALLOWANCE-DO NOT BID L5 1 $78,000.00 $78,000.00 $78,000.00 $78,000.00 COMPONENT TOTAL= $524,768.80 COMPONENT TOTAL= $680,871.31 1 STRUCTURES(BRIDGE NUMBER 034182) 6J 0102 2 1 SPECIAL DETOUR 1 LS 1 $58,585.00 $58,585.00 $58,079.69 $58,079.69 n 0108 1 PROTECTION OF EXIST.STRUCTURES-INSPECTION&SETTLEMENT MONIT LS 1 $2,750.00 52,750.00 $17,529.51 $17,529.51 rb 0110 3 REMOVAL OF EXISTING STRUCTURE LS/SF 2438 $24.55 $59,852.90 $84.17 $205,206.46 0400 210 CONCRETE CLASS II,APPROACH SLABS CY 142.9 $731.00 $104,459.90 $575.49 $82,237.52 N 0400 4 4 CONCRETE CLASS IV,SUPERSTRUCTURE CY 146.9 $725.00 $106,502.50 5975.67 $143,325.92 ao CDD 0400 4 5 CONCRETE CLASS IV,SUBSTRUCTURE CY 78.8 $1,215.00 $95,742.00 $1,008.69 $79,484.77 U9 0400 4 8 CONC CLASS IV,BULKHEAD CY 69.8 $1,610.00 $112,378.00 $1,346.06 $93,954.99 ".I 0400 7 BRIDGE DECK GROOVING,DECK THICKNESS LESS THAN 8.5" SY 402 $18.00 $7,236.00 $21.11 $8,486.22 0400147 COMPOSITE NEOPRENE PADS CF 4.5 $1,100.00 $4,950.00 $313.82 $1,412.19 0415 14 REINFORCING STEEL-SUPERSTRUCTURE LB 47160 $0.80 $37,728.00 $0.95 $44,802.00 0415 1 5 REINFORCING STEEL-SUBSTRUCTURE LB 12162 $0.80 $9,729.60 $1.34 $16,297.08 0415 18 REINFORCING STEEL-BULKHEAD LB 10137 $0.80 $8,109.60 $1.50 $15,205.50 0415 1 9 REINFORCING STEEL-APPROACH SLABS LB 27962 $0.80 $22,369.60 $0.75 $20,971.50 0450 236 PREST BEAMS:FLORIDA-I BEAM 36" LF 632 $297.40 $187,956.80 $388.71 $245,664.72 045514 3 CONCRETE SHEET PILING,10"X30" LF 4617 $165.00 $761,805.00 $126.72 $585,066.24 0455 34 5 PRESTRESSED CONCRETE PILING,24"SQ LF 1104 $124.40 $137,337.60 $216.48 $238,993.92 0455143 5 TEST PILES-PRESTRESSED CONCRETE,24"SQ LF 213 $282.00 $60,066.00 $401.28 $85,472.64 BRIDGE DECK EXPANSION JOINT,NEW CONSTRUCTION, 0458 111 F&I POURED JOINT WITH BACKER ROD LF 126 $20.00 $2,520.00 $52.80 $6,652.80 0460 70 2 ALUMINUM BULLET RAILINGS,DOUBLE RAIL LF 630 $40.25 $25,357.50 $36.95 $23,278.50 0521 5 1 CONCRETE TRAFFIC RAILING,BRIDGE 32"F-SHAPE LF 280 $120.00 $33,600.00 $142.73 $39,964.40 0521 611 CONCRETE PARAPET,PEDESTRIAN/BICYCLE,27"HEIGHT LF 630 $108.00 $68,040.00 $85.36 $53,776.80 0530 3 3 RIPRAP-RUBBLE,BANK AND SHORE TN 369.1 $75.00 $27,682.50 $124.54 $45,967.71 053074 BEDDING STONE TN 161.1 $75.00 $12,082.50 $89.81 $14,468.39 \ 053078 RIPRAP-ARTICULATING BLOCK SY 118 $212.00 $25,016.00 $112.21 $13,240.78 s 1099925 STRUCTURES ALLOWANCE-DO NOT BID LS 1 $223,000.00 $223,000.00 $223,000.00 $223,000.00 Ni N COMPONENT TOTAL= $2,194,857.00 COMPONENT TOTAL= $2,362,540.25 0 C) Page 1 of 5 C7 Project Manager:Anthony Stolts Bid Tabulation Notifications Sent:2086 Project Strategist:Evelyn Colon 16-6628 Vanderbilt Drive Bridge Replacements Downloaded:112 Submissions:2 IPAY ITEM I* 'ITEM DESCRIPTION - I UNIT I QUANTITY I UNIT CAST I TOTAL COST I UNIT COST I TOTAL COST I I ROADWAY(2 Pages) 01011 MOBILIZATION LS 1 $438,850.00 $438,850.00 528892.62 $528,892.62 0101 1 I AS-BUILTS LS 1 $10,000.00 $10,000.00 $3,231.34 $3,231.34 0102 1 MAINTENANCE OF TRAFFIC' LS 1 $219,800.00 $219,800.00 $277,067.68 $277,067.68 0102 1 1 SIGNED AND SEALED TRAFFIC CONTROL PLAN LS 1 $18,000.00 $18,000.00 $5,807.97 $5,807.97 0102 2 1 SPECIAL DETOUR 1 LS 1 $36,100.00 $36,100.00 $28,556.10 $28,556.10 0102 7113 BARRIER WALL,TEMPORARY,F&I,LOW PROFILE,CONCRETE LF 552 $5.00 $2,760.00 $40.13 $22,151.76 0102 71 14 BARRIER WALL,TEMPORARY,F&I,TYPE K LF 300 55.00 $1,500.00 $14.79 $4,437.00 0102 71 23 BARRIER WALL,TEMPORARY,RELOCATE,LOW PROFILE,CONCRETE LF 588 $5.00 $2,940.00 $8.45 $4,968.60 0102 71 24 BARRIER WALL,TEMPORARY,RELOCATE,TYPE K LF 300 $5.00 $1,500.00 $6.33 $1,899.00 010410 3 SEDIMENT BARRIER LF 5869 $0.70 $4,108.30 $0.64 $3,756.16 010411 FLOATING TURBIDITY BARRIER LF 1013 $8.70 $8,813.10 $7.92 $8,022.96 010415 SOIL TRACKING PREVENTION DEVICE EA 2 $1,250.00 $2,500.00 $844.80 $1,689.60 0104 18 INLET PROTECTION SYSTEM EA 7 $97.00 $679.00 $89.76 $628.32 0110 1 1 CLEARING&GRUBBING LS 4.28 $22,050.00 $94,374.00 $57,317.23 $245,317.74 0120 1 REGULAR EXCAVATION CY 1194 $6.90 $8,238.60 $6.33 $7,558.02 17 0120 6 EMBANKMENT CY 5316 $18.40 $97,814.40 $16.90 $89,840.40 N n 014270 SAND FILL CY 1 $1,000.00 $1,000.00 $528.00 $528.00 (.D 0160 4 TYPE B STABILIZATION SY 15577 $8.05 $125,394.85 $7.39 $115,114.03 0285701 OPTIONAL BASE,BASE GROUP 01 SY 6861 $12.65 $86,791.65 $11.62 $79,724.82 0 0285706 OPTIONAL BASE,BASE GROUP 06 SY 4450 $19.55 $86,997.50 $17.96 $79,922.00 (0 0327 70 13 MILLING EXIST ASPH PAVT,1 3/4"AVG DEPTH SY 4020 $3.00 $12,060.00 $2.76 $11,095.20 lr 0334 111 SUPERPAVE ASPHALTIC CONC,TRAFFIC A TN 155.3 $136.00 $21,120.80 $124.81 $19,382.99 00 0334 112 SUPERPAVE ASPHALTIC CONC,TRAFFIC B TN 551.6 $195.00 $107,562.00 $179.23 $98,863.27 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B,FC-12.5, 0337 741 PG 76-22,PMA TN 988.8 $157.25 $155,488.80 $144.52 $142,901.38 0339 1 MISCELLANEOUS ASPHALT PAVEMENT TN 109.1 $313.00 $34,148.30 $145.00 $15,819.50 0425 1351 INLETS,CURB,TYPE P-5,<10' EA 1 $5,175.00 $5,175.00 $3,340.32 $3,340.32 0425 1701 INLETS,GUTTER,TYPES,<10' EA 4 $3,910.00 $15,640.00 $3,019.27 $12,077.08 0425 1895 INLETS,BARRIER WALL,PARTIAL EA 1 $2,415.00 $2,415.00 $5,591.02 $5,591.02 0425 2 61 MANHOLES,P-8,<10' EA 1 $4,715.00 $4,715.00 $3,199.81 $3,199.81 0425 291 MANHOLES,J-8,<10' EA 1 $4,255.00 $4,255.00 $3,332.42 $3,332.42 430 174 218 PIPE CULVERT,OPTIONAL MATERIAL,OTHER SHAPE-ELLIP/ARCH,18"SD LF 37 $72.40 $2,678.80 $55.55 $2,055.35 430 611 325 U-TYPE ENDWALL2:1 EA 1 $3,450.00 $3,450.00 $7,196.20 $7,196.20 430 175 118 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,18"S/CD LF 256 $62.00 $15,872.00 $77.05 $19,724.80 430982125 MITERED END SECTION,OPTIONAL ROUND,18"CD EA 1 51,437.50 $1,437.50 $2,275.01 $2,275.01 N.) N O O) -5 Page 2 of 5 b Project Manager:Anthony Stotts Bid Tabulation Notifications Sent:2086 Project Strategist:Evelyn Colon 16-6628 Vanderbilt Drive Bridge Replacements Downloaded:112 Submissions:2 !PAY ITEM# ITEM DESCRIPTION UNIT "'QUANTITY UNIT COST . TOTAL COST UNIT COST TOTAL COSTI 430984625 MITERED END SECT,OPTIONAL-ELLIPTICAL/ARCH,18"SD EA2 $1,322.50 $2,645.00 $1,837.66 $3,675.32 0515 2311 PEDESTRIAN/BICYCLE RAILING LF 56 $86.25 $4,830.00 $79.20 $4,435.20 0520 1 7 CONCRETE CURB&GUTTER,TYPE E LF 64 $20.70 $1,324.80 $28.51 $1,824.64 0520 110 CONCRETE CURB&GUTTER,TYPE F LF 102 $17.40 $1,774.80 $22.18 $2,262.36 0520 6 SHOULDER GUTTER-CONCRETE LF 317 $20.70 $6,561.90 $27.13 $8,600.21 0521 72 3 SHOULDER CONCRETE BARRIER WALL,RIGID-SHOULDER LF 130 $200.00 $26,000.00 $271.39 $35,280.70 052173 CONCRETE BARRIER WALL,REMOVAL LF 141 $25.00 $3,525.00 $48.37 $6,820.17 0527 2 DETECTABLE WARNINGS SF 87 $25.90 $2,253.30 $23.23 $2,021.01 0522 1 CONCRETE SIDEWALK,4"THICK SY 250 $36.25 $9,062.50 $30.31 $7,577.50 0526 1 2 PAVERS,ARCHITECTURAL SY 8 $363.00 $2,904.00 $147.84 $1,182.72 0530 3 4 RIPRAP,RUBBLE,F&I,DITCH LINING TN 3.6 $150.00 $540.00 $145.73 $524.63 0536 1 1 GUARDRAIL,ROADWAY LF 1737 $23.25 $40,385.25 $24.29 $42,191.73 0536 6 PIPE RAIL FOR GUARDRAIL LF 713 $17.80 $12,691.40 $17.42 $12,420.46 0536 8 GUARDRAIL-BRIDGE ANCHORAGE ASSEMBLY,FURNISH&INSTALL EA 9 $3,594.00 $32,346.00 $4,065.58 $36,590.22 053673 GUARDRAIL REMOVAL LF 882 $3.60 $3,175.20 $2.95 $2,601.90 053685 22 GUARDRAIL END ANCHORAGE ASSEMBLY-FLARED EA 4 $2,789.00 $11,156.00 $2,798.38 $11,193.52 0536 85 24 GUARDRAIL END ANCHORAGE ASSEMBLY-PARALLEL EA 3 $2,904.00 $8,712.00 $2,798.38 $8,395.14 05701 2 PERFORMANCE TURF,SOD SY 7602 $2.25 $17,104.50 $2.01 $15,280.02 cu r1 0571 111 PLASTIC EROSION MAT,TURF REINFORCED MAT,TYPE 1 SY 1051 $5.00 $5,255.00 $5.28 $5,549.28 0580 11 LANDSCAPE COMPLETE-SMALL PLANTS LS 1 $23,800.00 $23,800.00 $26,980.65 $26,980.65 1099925 ROADWAY ALLOWANCE-DO NOT BID LS 1 $89,000.00 $89,000.00 $89,000.00 $89,000.00 - f.r cu 00 COMPONENT TOTAL- $1,939,226.25 COMPONENT TOTAL= $2,180,375.85 rD in I SIGNING&PAVEMENT MARKINGS 47 0700 111 SINGLE POST SIGN,F&I GROUND MOUNT,UP TO 12 SF AS 12 $247.25 $2,967.00 $227.04 $2,724.48 0700 112 SINGLE POST,F&I,GROUND MOUNT,12 SF TO 20 SF AS 1 $1,742.25 $1,742.25 $1,599.83 $1,599.83 0700 150 SINGLE POST SIGN,RELOCATE AS 1 $172.50 $172.50 $158.40 $158.40 0700 1 60 SINGLE POST SIGN,REMOVE AS 13 $11.50 $149.50 $10.56 $137.28 0706 3 RETRO-REFLECTIVE PAVEMENT MARKERS EA 195 $3.75 $731.25 $5.28 $1,029.60 PAINTED PAVEMENT MARKINGS,STANDARD,YELLOW,ISLAND 0710 11290 NOSE SF 20 $1.70 $34.00 $2.12 $42.40 0711 11123 THERMOPLASTIC,STANDARD,WHITE,SOLID,12" LF 95 $2.90 $275.50 $2.90 $275.50 0711 11124 THERMOPLASTIC,STANDARD,WHITE,SOLID,18" LF 75 $4.85 $363.75 $4.22 $316.50 0711 11125 THERMOPLASTIC,STANDARD,WHITE,SOLID,24" LF 97 $6.50 $630.50 $5.81 $563.57 0711 11170 THERMOPLASTIC,STANDARD,WHITE,ARROW EA 2 $96.50 $193.00 $58.08 $116.16 0711 11224 THERMOPLASTIC,STANDARD,YELLOW,SOLID,18" LF 188 $4.80 $902.40 $4.22 $793.36 0711 16111 THERMOPLASTIC,STANDARD-OTHER SURFACES,WHITE,SOLID,6" NM 1.25 $7,383.00 $9,228.75 $3,695.98 $4,619.98 0711 16211 THERMOPLASTIC,STANDARD-OTHER SURFACES,YELLOW,SOLID,6" NM 0.522 $7,383.00 $3,853.93 $3,695.98 $1,929.30 0711 16231 THERMOPLASTIC,STANDARD-OTHER SURFACES,YELLOW,SKIP,6" GM 0.459 $2,042.00 $937.28 $923.99 $424.11 10999 25 SIGNING&PAVEMENT MARKING ALLOWANCE-DO NOT BID LS 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00 y COMPONENT TOTAL= $24,181.61 COM PONENTTOTAL= $16,730.47 N N O cs) 1 Page 3 of 5 0 Project Manager:Anthony Stolts Bid Tabulation Notifications Sent:2086 Project Strategist:Evelyn Colon 16-6628 Vanderbilt Drive Bridge Replacements Downloaded:112 Submissions:2 PAY ITEM# I ITEM DESCRIPTION 1 UNIT I w QUANTITY I UNIT COST 1 TOTAL COST UNIT COST 1 TOTAL COST I SIGNALIZATION 0632 7 1 SIGNAL CABLE-NEW OR RECONSTRUCTED INTERSECTION,F&I PI 1 $3,507.50 $3,507.50 $3,220.78 $3,220.78 0634 4152 SPAN WIRE ASSEMBLY,F&I,TWO POINT,DIAGONAL PI 1 $3,105.00 $3,105.00 $2,851.18 $2,851.18 0639 1113 ELECTRICAL POWER SERVICE,F&I,OVERHEAD METER NOT REQUIRED AS 1 $3,047.50 $3,047.50 $2,798.38 $2,798.38 0639 2 1 ELECTRICAL SERVICE WIRE LF 75 $6.90 $517.50 $6.33 $474.75 0639 311 ELECTRICAL SERVICE DISCONNECT,F&I,POLE MOUNT EA 1 $908.50 $908.50 $834.24 $834.24 0641 216 PRESTRESSED CONCRETE POLE,F&I,TYPE P-VI EA 2 $11,270.00 $22,540.00 $10,348.75 $20,697.50 PRESTRESSED CONCRETE POLE,COMPLETE POLE REMOVAL- 0641 2 80 POLE 30'AND GREATER EA 2 $3,047.50 $6,095.00 $2,798.38 $5,596.76 0650 111 TRAFFIC SIGNAL,FURNISH&INSTALL ALUMINUM,1 SECTION,1 WAY AS 6 $874.00 $5,244.00 $802.55 $4,815.30 0670 4 1 INTERSECTION CONTROL BEACON CONTROLLER ASSEMBLY,F&I AS 1 $1,552.50 $1,552.50 $1,425.59 $1,425.59 10999 25 SIGNALIZATION ALLOWANCE-DO NOT BID LS 1 $4,000.00 $4,000.00 $4,000.00 $4,000.00 COMPONENT TOTAL= $50,517.50 COMPONENT TOTAL= $46,714.48 1 UTILITES WATER 0425 6 ADJUSTING VALVE BOXES EA 1 $287.50 $287.50 $1,137.27 $1,137.27 tu 61 1050 11224 UTILITY PIPE,F&I,PVC,WATER/SEWER,8-19.9" LF 48 $113.85 $5,464.80 $100.15 $4,807.20 n105011315 UTILITY PIPE,F&I,PE,CASING/CONDUIT,20.0-49.9" LF 445 $345.00 $153,525.00 $236.08 $105,055.60 7C' N 1050 11324 UTILITY PIPE,F&I,PE,WATER/SEWER,8-19.9" LF 595 $118.45 $70,477.75 $102.19 $60,803.05 1050 16004 UTILITY PIPE,REMOVE&DISPOSE,8-19.9" LF 643 $20.70 $13,310.10 $26.41 $16,981.63 L 1055 11414 UTILITY FITTINGS,F&I,DI/CI,ELBOW,8-19.9" EA 4 $678.50 $2,714.00 $1,186.69 $4,746.76 Cl 1055 11434 UTILITY FITTINGS,F&I,DI/CI,REDUCER,8-19.9" EA 6 $1,782.50 $10,695.00 $2,083.49 $12,500.94 IT UTILITY STRUCTURE,BELOW GROUND,F&I,WATER/SEWER>80 FT3,6.1 9 1060 11222 12' EA 2 $4,255.00 $8,510.00 $7,667.79 $15,335.58 1080 11404 UTILITY FIXTURES,F&I,8.0-19.9",VALVE ASSEMBLY EA 4 $4,600.00 $18,400.00 $4,631.38 $18,525.52 1080 11406 UTILITY FIXTURES,F&I,8.0-19.9",VAC/AIR ASSEMBLY EA 4 $2,702.50 $10,810.00 $2,244.26 $8,977.04 1080 11409 UTILITY FIXTURES,F&I,8.0-19.9",MECHANICAL JOINT RESTRAINT EA 12 $186.30 $2,235.60 $442.88 $5,314.56 10999 25 UTILITY ALLOWANCE-DO NOT BID LS 1 $20,000.00 $20,000.00 $20,000.00 $20,000.00 COMPONENT TOTAL= $316,429.73 COMPONENT TOTAL= $274,185.15 N N O O Page 4 of 5 0 Project Manager:Anthony Stolts Bid Tabulation Notifications Sent:2086 Project Strategist:Evelyn Colon 16-6628 Vanderbilt Drive Bridge Replacements Downloaded:112 Submissions:2 PAY ITEMS ITEM DESCRIPTION < . '. UNIT 1:::QUANTITY t +.UNIT COST` l TOTAL COST UNIT COST 1 :TOTAL COST. l UTILITES SEWER 1050 11315 UTILITY PIPE,F&I,PE,CASING/CONDUIT,20.0-49.9" LF 455 $368.00 $167,440.00 $236.66 $107,680.30 1050 11324 UTILITY PIPE,F&I,PE,WATER/SEWER,8-19.9" LF 730 $129.00 $94,170.00 $123.14 $89,892.20 1050 16004 UTILITY PIPE,REMOVE&DISPOSE,8-19.9" LF 450 $24.00 $10,800.00 $27.20 $12,240.00 1050 18004 UTILITY PIPE,PLUG&PLACE OUT OF SERVICE,8-19.9" LF 280 $27.50 $7,700.00 $29.23 $8,184.40 1080 11406 UTIUTY FIXTURES,F&I,8.0-19.9",VAC/AIR ASSEMBLY EA 4 $9,545.00 $38,180.00 $7,809.87 $31,239.48 1080 11409 UTILITY FIXTURES,F&l,8.0-19.9",MECHANICAL JOINT RESTRAINT EA 4 $606.00 $2,424.00 $463.07 $1,852.28 1080 11413 UTILITY FIXTURES,F&I,8.0-19.9",PLUG VALVE ASSEMBLY EA 4 $6,555.00 $26,220.00 $6,483.11 $25,932.44 1099925 UTILITIES ALLOWANCE-DO NOT BID L5 1 $19,000.00 $19,000.00 $19,000.00 $19,000.00 COMPONENT TOTAL= $365,934.00 COMPONENT TOTAL= $296,021.10 PROJECTTOTAL - - - I $5,415,914.91 I. - $5,857,438.61 Thomas Marine Construction,Inc Wright Construction Group,Inc. Material Manufacturers Y Y List of Major Subcontractors Y Y 00j Statement of Experience of Bidder Y Y n Tench Safety Act Y Y Al- CD r(D Immigration Law Affidavit Y Y '12/ E-Verify Y N Cu Subsitute W-9 Y Y OA CDD Bid Bond Y Y Ql Bidders Check List Y Y 1-' Insurance and Bonding Form N Y Division of Corporations Y Y Opened by:Diana DeLeon 5/3/16 Witnesses by:Lissett De La Rosa 5/3/16 _s N N O co Page 5 of 5 0 7/12/2016 11 .C. KISINGER CAMPO May 17, 2016 Mr. Anthony Stolts, P.E. Senior Project Manager Collier County, Growth Management Department Transportation Engineering Division 2885 South Horseshoe Drive Naples, Florida 34104 Re: 16-6628 Vanderbilt Drive Bridge Replacements Construction Bid Recommendation Kisinger Campo &Associates has reviewed the Bid Tabs forwarded to us on May 9, 2016 for the construction of the Vanderbilt Drive Bridge Replacements project in Collier County. Based on our analysis, we did not identify any outstanding reasons why the load bidder, Thomas Marine Construction, Inc., cannot successfully complete this project. Therefore, we recommend award of the project go to Thomas Marine. Should you have any questions or need additional information, please don't hesitate to contact me at any time. Very truly yours, Chris Meares, P.E. Project Manager <, NoTth,r.. t1‘:tr.01 5u,c 40')ITdm{kt;,Rol id„2201'2 P13 871 5 5; .,. } ...._ Packet Page-62- 7/12/2016 11 .C. COLLIER COUNTY Growth Management Department August 12, 2015 PMS Inc. of Naples 3125 54th Terrace SW Naples, FL 34116 Re: Final Site Development Plans Approval SDPA Kalea Bay (SDPA) Project Number: PL20150000420 Dear Ms. Bishop, PMS Inc. of Naples: THIS IS YOUR PERMIT AND MUST BE POSTED ONSITE! Land Development Services Department has reviewed the Final Site Development Plan for the referenced project and has no objection to the construction of water, sewer, paving, and drainage aspects of the project subject to the following stipulations: By receipt and acceptance of this approval, the petitioner acknowledges that a pre-construction meeting is required by code for this project. If the pre-construction meeting is not held prior to the beginning of construction, the project will be cited and shut down until the required meeting is held. Please call the Engineering Inspections Supervisor at 239-252-6820 to schedule a pre-construction meeting at a minimum of 48 hours prior to the start of construction. Even with an Early Work Authorization a pre-construction meeting is required. General Conditions • CHANGES IN USE AND/OR DESIGN OF THESE SITE AND ACHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE—REVIEW IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION, ENVIRONMENTAL REQUIREMENTS AND THE LIKE. • A preliminary inspection and approval of the infrastructure for multi-family residential must be done by Engineer Inspections prior to any Certificate of Occupancy being granted. • Permits from other agencies having jurisdiction over this project shall be obtained prior to start of construction. Packet Page-63- 7/12/2016 11 .C. • Please call Mr. David Crane at (239) 252-6820 to schedule a pre—construction meeting a minimum of 48 hours prior to start of construction. • All construction activities permitted by this letter shall only occur during the following times: 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day. • The review and approval of these improvement plans does not authorize the construction of required improvements, which are inconsistent with easement of record. • Upon completion of the infrastructure improvements associated with a site development plan and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in Section 10.02.05 of this code including electronic disk. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. Zoning Conditions • SIGNAGE RESTRICTIONS: Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions or color depicted on the site and/or architectural plans approved by this letter. • All PUD related stipulations shall apply to this project. Utility Conditions • See attached Exhibit"A" • Written confirmation from that the water/sewer facilities have been accepted and placed in service must be provided prior to issuance of a Certificate of Occupancy. • "APPROVAL OF THESE PLANS DOES NOT CONSTITUTE APPROVAL OF THE METER SIZE. SIZING OF THE METER SHALL BE DONE WITH THE APPROVAL OF PUBLIC UTILITIES ENGINEERING DIRECTOR OR HIS DESIGNEE, BASED ON DOCUMENTATION RECEIVED FROM THE ENGINEERING OF RECORD. THE METER DETAIL SHALL BE SUBMITTED TO ENGINEERING REVIEW SERVICE FOR APPROVAL PRIOR TO INSTALLATION". Packet Page-64- 7/12/2016 11 .C. • No water or sewer utility construction shall commence until proper DEP permits have been obtained. Subdivision Conditions • All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. Environmental Conditions • Site clearing is conditioned to the stipulations contained on the approved plans. • Required permits for listed species relocation must be provided to staff at the pre-construction meeting. • Silt fencing must be installed prior to any mechanical clearing. • Exotic vegetation must be removed prior to preliminary acceptance as required on the approved plans. Water Management Conditions • All work shall be in accordance with applicable State or Federal rules and regulations. • Work area shall be properly barricaded with hay bales and/or silt screens during the entire time of construction, to prevent any siltation during construction. • Separate excavation permit must be obtained. • The engineer of record, prior to issuance of a Certificate of Occupancy, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. • This project shall be permitted by SFWMD. • Whether or not this project was permitted by SFWMD, dewatering shall not occur without a dewatering permit from the South Florida Water Management District. Addressing Conditions • Pursuant to Ordinance No. 07-62, no proposed subdivision, street, building, condominium or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Growth Management Division/Planning and Regulation Addressing Section. Packet Page -65- 7/12/2016 11 .C. Landscaping Conditions • At the time of Preliminary Acceptance the Landscape Architect shall certify that he landscaping has been installed in substantial accordance with the approved plans and specifications. The certification shall be in a form approved by the County Manager or his designee. Fire Protection Conditions • Please note that prior to the accumulation of combustible building materials on site, proposed fire hydrants must be operable with the minimum required fire flows and improved stabilized emergency apparatus access ways (min. 20' wide) must be available to within 100' of the structures. • No fire appliances shall be obstructed, visually or functionally, by vegetation. Additional Stipulations • Any changes to the site plan will require the submittal of a new CAD file for Graphics GIS review. • The construction of offsite pathways defined in OR Book 4368 Page 2348 are required to be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential condominium building. - Jodi Hughes • 1. Each building at the Cottages shall have its own FDC and PIV so that they can be isolated (see attached e-mail). 2. Dumpster location will be relocated to allow required fire department access (see attached e-mail). 3. Detail of the stabilized base area at the entrance to the clubhouse is attached and shall support the imposed loads of fire apparatus (typically 32-tons). Call the Fire Prevention Bureau to schedule an inspection 239-597-9227. NOTE: A 36 inch clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved. FFPC 5th ed. 1-18.5.3 (through the life of the property). • Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. Six (6) sets of approved plans, four (4) sets of architectural plans and three (3) sets of landscape plans are being returned herewith for your use. Five copies of approved SDP shall be attached to each set of building plans submitted. Packet Page-66- 7/12/2016 11.C. PURSUANT TO HB 503, PLEASE COMPLETE THE ATTACHED AFFIDAVIT OF COMPLIANCE AND PROVIDE TO CLIENT SERVICES STAFF(252-2400). INCLUDE THE BALANCE OF ANY OUTSTANDING INSPECTION FEES TOGETHER WITH ANY REQUIRED STATE OR FEDERAL PERMITS. UPON PROCESSING THE AFFIDAVIT OF COMPLIANCE,A PRE-CONSTRUCTION MEETING MAY BE SCHEDULED. Be advised that this approval automatically expires in thirty-six (36) months pursuant to Collier County Land Development Code Section 10.02.03 B.4. The expiration date is August 13, 2018. Please call me if you have any questions or need any additional information. Sincerely, Neat 7/1"..Zeaa Matthew McLean, P.E. Principal Project Manager Development Review Division cc: Property Appraiser(w/attach.) Engineering Inspections Supervisor(w/attach.) Customer Services/Addressing (w/attach.) Operations Analyst, Public Utilities Engineering (w/attach.) Fire Review Records-SDPA-PL20150000420, (w/attach.) Packet Page-67- 7/12/2016 11 .C. • . -. I PMS, Jme. o Napecs . Project Management Services July 17. 2015 Intake Team Collier County Development Seivices 2800 North Horseshoe Drive Naples, FL 34104 RE: Kalea Bay Condominium Phase 1 SDP Amendment Application SDP-AR-5283 / Pl.20140001382 , Intake Team: Attached are the responses and accompanying documents to the staff review comments of July 13, 2015. Enclosed are the following documents for your review: • Twelve (12) copies of Cover letter • Twelve (12) copies of SDP Review responses. • Thirteen (13) copies of Site Development Plans (12+1 for architectural review), signed and sealed 1 • Revised plans and documents on CD Rom • Twelve (12) copies of Preserve Management Hans • Revised Fee calculation worksheet 1 , • E • Seven (7) copies of Landscapeas & irrigation Plans, signed and seated 11 • Revised Landscape Cost Estimate llI /1 • Six (6) copies of Archilecturui floor plans and elevations • One (1) copy estimated cost of construction iou roadways, paving & drainage • Four (4) copies revised Engineering Report • Four (4) Plan of fire turn radii 1 , • One (1) copy estimated cost of utilities construction, water & sewer l• , II, 11 3125 54'"Terra e SW,aq*les,Pl.34116 ' (239)E25-7250 * F 22 239-234-60',•C " Email:karenbi eboptj4prnznapies corn Packet Page-68- 7/12/2016 11.C. PIKS, ili . of Napees . Project Management Services • One (1) drainage report.Sign / sealed I * Excavation Permit Application • Four (4) grading plans / details (sheets 5,6,7) signed & sealed 1 • Two (2) Excavation report / cats.Signed & sealed If you should have any questions, or need additional information, please call 239-825-7230. • Respectfully, I Karen Bishop Iii I 1 ' 1 g 1 : I I I I i 1 , . II $ 25 5,`$.Ternn e'SW,1.\*Ies,FL 341 i 6 ' (239)8257230 '6 Fax 239-2:-.4-6096 4' Emil km-enbirl.c.p.'aspniza0f,c corr. 11 Packet Page -69- 7/12/2016 11 .0. Kalea Bay (Building 1 aka Kinsale Condominium) P120150000420 Responses to Staff Comments of 7/8/2015 Page 1 Addressing -GIS Review Correction 2:Miscellaneous Corrections Comments:Please correct building letters A-D on Guest Cottages to building numbers. Response: Building numbers have been revised for the Guest Cottages on Sheets 3 and 5. Engineering Storrnwater Review Correction 1: EP4-SFINMD Permit, Modification;or Waiver Comments:Provide an approved ERP modification from SF1NMD, or confirmation from SFWMD that an ERP modification is not required for this project.Rev.2 Review-Comment remains.Please provide documentation from meetings with County staff or confirmation from SFWMD that an ERP modification is not required. Response:As discussed during the 7114 meeting,a narrative has been added to the Drainage Report which explains the SFWMD permit status and how this phase fits within the approved permit conditions.We acknowledge that future phases of development(i.e.2"tower)will require a modification to the SFWMD permit. Correction 3: EP40-Additional Comments Comments:Additional Items that need to be addressed for Engineering Storrnwater Review:Per LDC 10.02.03 D.3 and 10.02.04 B.2.b., provide an Engineering Report signed and sealed by a Florida Professional Engineer. Engineering report should include water quality calculations, storm routings, discharge rates, etc.Rev.2 Review- The Drainage Calculations contain a drop structure OSA with multiple weirs. Please icienfify where this structure is on the plans.In addition,please provide a drainage basin map with basins and sub-basins identified. Response: This structure was for the golf course which is not part of these plans.The enclosed revised drainage report has an exhibit showing the location of CSA. Correction 4: EP15-Signed&Sealed Drain Pipe C;alcs Comments: Please provide Drain Pipe Calculations signed and sealed by a professional engineer. Per LDC 6.05.01.0.1.d.the stormwater, underground collection system, must be designed to the ten-year, one-hour storm event. Engineering Services Policy and Procedures Rev.2 Review- The pipe runs do not correspond to the naming convention of the structures on the plans.Please nave the structure names match between the calculations and the plans. Response:The pipe runs do match the calculations.On each pipe run sheet,there is a label for"Pipe Run" (i.e.8).in the table,each pipe segment has a"from"and"to"(i.e.G and F).The corresponding structures in this scenario would be 8G and 8F (run 8,structures G and F). Correction 6:CDESFeeSched8-Engineering Review Fee and/or Inspection Fee Comments: Please provide an updated opinion of cost including landscaping.irrigation and lighting and provide additional review and inspection fees.CDES Fee Schedule Rev.2 Review-ft is our understanding that based on the site plan changes with this amendment, the landscape and irrigation design would have changed. if so. please provide an updated cast estimate to include these changes and review fees as applicable. Response: Revised cost estimates are included. Correction 8:EPS-Excavation Permit Comments:it is difficult to differentiate between the existing/previously approved lakes, and the proposed lake expansion.Please identify expansion limits and submit an excavation permit application with applicable submittal information.Rev.2 Review-An excavation permit application will be required for the lake expansion. Response: An excavation permit has been included. Correction 10: EPS-Excavation Permit Comments: Per Code of Ordinances 22-112(1 a), control elevation shall be 50 feet from the right-of-way line of any existing or proposed private or public street. Lakes A-i and A-2 are less than 50 feet from Old Coast Road. Revise plans or request exception to this setback requirement per this code section. Rev.2 Review-Although the lakes Packet Page-70- • 7/12/2016 11 .C. Kalea Bay (Building 1 aka Kinsale Condominium) PL20150000420 Responses to Staff Comments of 7/8/2015 Page 2 were previously approved to be within 50 feet of the right-of-way line, they were not constructed. Further discussion with County staff, including an exception request to reduce the setback criteria will be necessary to resolve this comment. Response:We are hereby requesting an exception to 20 feet from the easement line,or 25'from the back of curb.With the low design speed and the relative straight alignment of the roadway,along with the extensive landscaping,there should be limited exposure.Further,Type F curbing has been put along the roadway,on the south side from the Gate House to the Tower I entry; and on the north side,from the Gate House to the clubhouse drive.See sheets 5 and 6 for the specific locations of the curbing. Correction 11: EP6-Excavation Permit Comments: Per Code of Ordinances 22-112(lb), control elevation shall be 50 feet from abutting property lines. Lake A-1 is less than 50 feet from the south property line. Revise plans or request exception to this setback requirement per this code section.Rev.2 Review-Although the setback to the south property line was approved as 35 feet under SDP AR-5283.it still does not conform to the setback requirements of 22-112(1b). This Code section requires a 6 foot high fence, wall or berm to reduce the setback. Further discussion vrith County staff will be necessary to resoles this comment. Response: We are hereby requesting an exception to allow a minimum of 35'from the south property line to the control line of Lake A-1.The lake was approved under AR-5283,then again under PL20140001382 and in excavation permit 59.890-1.The lake was then constructed under those approvals.While there are a few certification items that are outstanding,the lake has been substantially completed.in order to ameliorate the proximity to the property line,the Developer has agreed to install a six foot(6')tall hedge along the entire property line contiguous to the lake. This has been called out on Sheets 6 and on the section K-K on Sheet 15 of the Civil plans,and on the applicable Landscape sheets. Correction 18:EPS-ROW Permit Number Comments: Per ROW Handbook Section III C.2.c Loose gravel, rock and ornamental stone are not permitted within the public ROW.Please revise the construction entrance(s)in plan view and the detail to depict a paved surface within the ROW.Rev.2 Review-Sheet 12- There is conflicting text at the construction entrance location so it is difficult to confirm if gravel is proposedlAtithin the right-of-way. The detail appears to depict gravel within the right-of- way. Please review and revise as applicable. Response:The construction access drive detail on Sheet 12 has been corrected to depict concrete. ADA Review Correction 3:Miscellaneous Corrections Comments:No H/C parking for residents or guests can be located for building 1.See Florida Accessibility Code section 208,2.3.3.Also it is assumed that the covered parking will meet the requirements of the code for residents. (2082.3.1 &208.2.3.2)SECOND REVIEW:CAN NOT CLEARLY/IDENTIFY THE LOCATION OF REQUIRED FOR l-f/C PARKING AS REQUESTED. IDENTIFIED TYPICAL PARKING PER FLOOR ON SHEET 15 OF 20 BUT NO H/C PARKING IS IDENTIFIED. Response: As discussed with Staff.the parking layouts on Sheet 15 have been clarified.Level one(ground level)has been labeled as only for residents and guests(non-public).Level two(outside area only)does have public access,and there are two(2)WC parking spaces delineated.They have been more clearly labeled on both Sheet 15 and on the striping and marking plan(Sheet 13). Engineering Utilities Review Correction 3:U0.8.2.5-Submit plans, specifications, and cost estimate. Comments:U0 8.2.5-Cost estimate.REV 1 - In the wastewater portion of the cost estimate, quantities for items 1, 2, and 5 are too low;the total number of manholes should be 15 (1 short);and grease traps need to be added.REV 2 - The length of FPVC sanitary sewer lateral(item 1)remains deficient by approximately 97 LF. The total length of&" PVC sanitary sewer should be 3,243 LE items 5— 11 are deficient by 19 LF. Per Matt McLean,you may exclude the grease traps for the reason stated in your response. Packet Page-71- 7/12/2016 11.C. Kalea Bay (Building 1 aka Kinsale Condominium) P120150000420 Responses to Staff Comments of 7/8/2015 Page 3 Response:The revised cost estimate's pipe lengths have been revised to match the plans.Keep in mind that the lateral from the gate house was installed in Phase 1A.The actual,most liberal calculation of laterals is only 8 feet short(including runs between grease traps),which has been added to the estimate.Further there are a few other areas(fire lines)that were revised and have been reflected in the cost estimate.The grease traps have been deleted from the estimate as well per your note. Correction 4:UO.CDESFeeSched8-Utilities Review Fee end/or Inspection Fee Comments:Please provide Construction Document Review fee 0.75%of probable water and/or sewer construction costs and Construction inspection fee 2.25% of probable water and/or sewer construction costs as per GMD Fee Schedule.REV 1 -The fees entered into CitWiew were calculated in error and additional fees snouici have been collected based on the original cost estimate,however the cost estimate needs to be revised per me previous comment.Recalculate the fees and submit any outstanding amount due for utility review.REV 2- The utilities review fee was adjusted per the revised cost estimate but will be adjusted again based on the outstanding corrections. Coordinate with Paula Brethauer and myself to ensure that the proper amount is paid with the next submittal. Response:The revised fees are being coordinated with Staff and paid. Correction 6: ENGUTL01-Additional Comments Comments:USM 1.2.1 -Water systems shah be designed to maintain adequate flows and pressures. REV 1 -Submit hydraulic calculations or model results for the potable water and fire protection distribution systems.REV 2-Address the following issues with the hydraulic analysis in Appendix J of the Engineering Report:a) The required fire flow for Tower#1 is 1.185 GPM. Verify that 1,000 GPM will be sufficient for Bldg.5, or revise the water model as needed. Also, if the required fire flow for Bldg. 5 will be less than the required fire flow for Bldg. 4, verify the worst case scenario. (See related comment on the fire flow calculations.)b)lnclude pipes 9, 10, and 11 in the"Segment Lengths" summary table. c) Change the diameter of pipe 7 to 6 inches per the plans.e)Provide a breakdown of the K values. e) The potable water analysis should run the peak hour demand rather than the average daily demand. Response: The fire flow calculations have been verified and revised.The potable water analysis and fire analysis has been revised.This resulted in some additional 10"fire line in lieu of 8",from Vanderbilt Drive to Old Coast Road,north of the clubhouse.The revised pipe runs are on the plans,in the report,and in the cost estimate. Correction 13:ENGUTL01-Additional Comments Comments:USM 2.3—Pump station wetwelis shall be designed to withstand flotation forces when empty and water elevation is at the top of the structure. REV 1 -Correct the wet well buoyancy calculations for lift.station#1 as follows: a)The wet well buoyancy calculations assume WS'ArT,which is inconsistent with the design criteria.b)The top of wetwell elevation is 11.0 per me site development plans. Revise the buoyancy calculations accordingly. c) Detail the buoyant force calculation for the collar.d)The math in the"wetwell hydrostatic uplift'calculation is wrong.Check that the math in the revised calculation is correct.e)The calculation details for the wetwell walls is incorrect in regard to the cross sectional area. f) Two different heights are used in the weight calculations and neither is consistent with the height identified in the summary g) Detail the cover slab volume calculation.h) The wet well must be assumed to be empty.Therefore,the weight of the pumps and discharge piping may not be included.i)Update the calculations on sheet 20 of the site development plans as well as the calculations in the engineering report.REV 2-items a,b. c, and g from my initial review comment were not resolved. Please address the following remaining issues:a) The buoyancy calculation must assume the flood water elevation is at the top of the wetwell. b) The depth of the wetwell is 22.1 feet, not 23.1 feet. c) The cover slab volume calculation must account for the hatch opening. d 80 PCF is too high an assumption for soil overburden. The saturated density of dense and uniform sand is 130 PCF. Deducting 62.4 PCF for the density of water leaves only 67.6 PCF effective density.Again, update the calculations on sheet 20 of the site development plans as well as the calculations in the engineering report. Response: The buoyancy calculations (on Sheet 20 and in the engineering report)have been revised to incorporate the above comments. Correction 15:U0.82..5.h-Pump station information in engineers report and on detail sheet Comments:UO 8.2.5,h- Pump station information in Engineer's Report and on detail sheet. REV 1 - Revise the Lift Station#1 calculations to address the following:a) Identify the population assumptions used to calculate the peaking Packet Page-72- 7/12/2016 11 .C. Kalea Bay (Buildiria 1 aka Kinsale Condominium) P120150000420 -0 Responses to Staff Comments of 7/8/2015 Page 4 factors in§1.2. For Phase 1,the population should be(120+12)MFU x 2.5 residentslMFU+30 employees=360 people, and thus the PF should be(18+0.36^0.5)/(4+0.360.5)=4.04. For build-out,462 MFU x 2.5 residentslMFU= 1,155 people will be added for a total population of 1.515, and thus the PF should be(18+1.515^0.5)/(4+1.515A0.5)= 3.68.b) For§3.2, provide documentation from CCPU Planning and Project Management regarding the force main be- in pressure.Contact Nathan Beals at(239)252-2583.c)tri§3.3,the total length of force main should be approximately 750 LF, 100 LF of which is DR-11 HDPE.Given the thicker wall of HDPE pipe.please use the inside diameter in the revised calculations rather than the nominal diameter.(6" DR-11 HDPE has an I.D.of 5.57".) d) In §3.3, attach a copy of the referenced tables and identify their source(s).e) In§4.2 and§4.3,the variables"ODP," OsAl,"arid'apr are not defined and the values used are inconsistent with earlier identified flow rates of 513 GPM for the design pumping rate, 113 GPM for average daily flow, and 429 GPM for peak hour flow at build-out. REV 2- Items a, b. and d from my initial review comment were not resolved. Please address the following remaining issues: a)A peak factor calculation was not attached.b)Documentation of the tie-in pressure was not provided. c) The tables referenced in§3.4 were not attached or cited. Response: A peak factor calculation has been included in the Engineering Report; a friction head loss table has been added as referenced;An email from Nathan Beals is included which supplied measured pressures in the force main. Correction 29:ENGUTL01-Additional Comments Comments:TS 330520 3.3–Existing utility improvements to be abandoned in place shall be partially removed, capped or plugged, flushed clean, and filled with grout or flowable fill, as required. REV 1 - Indicate the existing curb stop.water meter, BFP, meter box, and service pipeline for temporary potable water service to the gatehouse to be removed and capped or plugged at the main.The portion of the existing service line between the BFP and the new water service tie-in shall be filled with grout for abandonment in place.Also,the DDCV and associated piping shall be removed to the valve at the main. The valve box, pad, and operator shall be removed and the valve shall be plugged and lett in the open position.REV 2- Water Meter Note t 3 should be split info two separate notes—one regarding the temporary domestic service to the gatehouse and one regarding the DDCV assembly not in use. The domestic service note should require the remaining l'service line to be filled with non-shrink grout, and the DDCV note should require removal of the assembly and piping to the main valve. Response: As discussed with Staff,the existing water meter for the Gate House has been more clearly • labeled(Sheet 10),as well as the existing irrigation meter.The corrected labels make the referenced notes accurate,with no further revisions necessary. Correction 44:LiSkii.9-Label temporary sample point Comments:USM 1.9- Label temporary sample point at the beginning and end of main and/or every 1000'. Provide and label permanent sample points at the 2/3 point of the project and/or every 3000'. REV 1 - Fix the leader for the BSP at eta.20+15 on sheet 9 and show this BSP in the profile.This BSP should move near ste.23+30 to achieve 1000-foot spacing with the BSP's at the beginning and end of the water main.Alternatively,this BSP may be eliminated and the fire hydrant at ste.24+60 may be used as a temporary sampling point.Note that the meter and backflow assemblies can also be utilized as temporary sampling points, so the separate assemblies shown on sheet 10 may also be eliminated.Any blowoff, hydrant, or assembly used as a temporary bacterial sampling point should be noted as such.The temporary blowoff at the end of the domestic water main, for example. should be noted as a''TBO wiBSP'(or simiiar text). REV 2- My prior suggestion to use the fire hydrant at eta.24+60 as a TBSP was in error since the fire hydrant is not connected to the domestic water main. Instead,please add a TBSP to the end of the 6" stub-out for future domestic service at sta.21+45. Response:The TBSP has been added to the end of the 6"stubout near Sta 21+45 (Sheet 9). Correction 50: ENGUTL01-Additional Comments Comments:Additional Items that need to be addressed for Engineering Utility Review: REV 1 -On sheets 1 and 4, fill in the blanks in the fire flow calculations. REV 2-The fire flow calculations are incorrect and incomplete. Please address the following errors:a)The multiplier for the 75%reduction for fully sprinkiered buildings should be 25%with 1.000 GPM being the minimum flow.b)Given Type I-A construction,the fire flow area for Tower#1 should be the Packet Page-73- 7/12/2016 11.C. . . Kalea Bay (Building I aka Kinsale Condominium) PL20150000420 Responses to Staff Comments of 7/8/2015 Page 5 sum of the thr e��amusuccess�eUnnr V.e. 187.5188Fper�e�beun�ecover sheo�.Aanuc�menaqo�ed flow 4. Response: The fire flow calculations have been rechecked and verified. The calculations are shown on sheets land 4. Correction S5: E—NGUTLO1'A dditiona|Comments Comments:Additional Items thmtneadhobemddn essed for Engineering Utility Review: REV 1 -Show utilities in section H-H on sheet 16mndensunaminimumdepMhbe|owp,"pnsodg,adewhiiemainuainingminimwmvertica! separation from the culverts. Response:We understand that this comment has been withdrawn I resolved. Correction 57: EN6UTL01'Additinnml Comments Comments:USM 1.4.1 - Residential projects such a�. boL notii itedtu. u\ng|efumih.muhi-fami|yoondominiums condominiums, � shallall fire�aUerparhsmobile home p�ks. etc.udlbjnBam�termeerpass meter. sizedoh�{be — topausdhndomesdcco�o�entdraft plus ra�dfire 8ovvs1the AVVo�Ap�ssure�ssopec�c��ions REV 1 .The separate potablewatermetersssemb|y(A-13)and fire system detector check assembly(W-11A) should be replaced by a single potable water fire and water meter assembly(W-1 4), or a Utility Deviation must be approved to ailow the current configuration. REV 2'As confirmed byNaUan Beals, an approved Utility Deviation is \� required to run a separate ffre line for this residential project. Response: A Utility Deviation request has been submitted to Nathan Beals. Correction 58: ENGUTL01'Addibunai Comments Comments:USM 123mnd1.�' So� ' Satisfy the min. 18~ve�c�and 1O'hohzonta|oepanu oncrbenoforpntab|ewo\er pipelines relativeto '--�wu�rand nnw�erpipelines.The pmpooeddonn*�orpipe8nes�ongVanderbiltDhvu anemoc\ose to e existing*atermain.MoveUhostpnnwaterpipe|inesorobtainUtility Deviation approvaallowing reduced separation distance. Response:The storm water pipe in question is an existing pipe that was constructed in Phase 1A.It has been labeled as existing. Correction 59: � EN�UTL�� dd� �Comments Comme�s:C'PUPolicy' Label all street names unplan sheets.Add missing streenames tosheets 8-1O Response:Additional street names have been added on Sheets 8,9 and 10. Correction 60: ENGUTLOI-Additional Comments Comments:TS 022501 3i A 1 'Atemporary blowoff usoemb�*�hbao\yha|semolina point shall be provided for full-bore flushing end�atermsin�ndato�her|ocmbnnsnhownnnp|ano�3hae�18—Labe\theTBD ' ` dead ...e/BSP at Bldg.#1. Response: The TBQ/w BSP has been labeled for Bldg#1 on sheet 10 Environmental Review Correction 7: LDC3�5.D7.H.1.gPneoemokAanag*mentPlan Comments: '—REV/:Please add u»construction set the Preserve Management Plan.APreserve Management Plan shall be provided on the site plan identifying a preserve manager, permitted uses within a preserve, methods to address control and treatment of exotics and nonnative vegetation,fire management and wildlife habitat management strategies,when appUoab{e.The plan shall address supplemental plantings inareas devoid afvego�honfollowing exotic removal and provide atypical planting pian with the size, spacing, and species tosuppiomentthese areas (LQC3.05.07H1g). Packet Page-74- 7/12/2016 11 .C. Kalea Bay (Building 1 aka Kinsale Condominium) P1.20150000420 Responses to Staff Comments of 7/8/2015 Page 6 REV 2:Please update Management Plan to current code;Exotic Vegetation Removal, Non-native Vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal arid maintenance plans shall require that Category Exotics he eradicated from all preserves.Ail exotics within the first 75 feet of the outer edge of every preserve shall be physically removed,or the vegetation cut down to grade. cut debris removed and the stump treated.Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When exotic vegetation is removed, but the base of the vegetation temains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied.Any person who supervises up to eight people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated. Control of exotics shall be implemented on a yearty basis or more frequently when required,and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Nuisance or invasive plants and non-native ornamental vegetation shall be eradicated from all preserves. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them. Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified,management strategies shall be developed and implemented in accordance with section 3.04.00. The County will accept state and federal management plans that are consistent with the requirements of the LOC. Hunting is permissible in preserves where expressly approved by the Board of County Commissioners. Please provide 1Vianagernent Plan with regards to Bald Eagle, Gopher Tortoise, and other pertinent state and federal permits that were identified for the site. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and.signage during and after construction that are consistent with section 3.05.04 Response: The Preserve Management Plan is consistent with Section 3.04.00 and 3.05.00 of the LDC. Correction 8: LDC 3.05.07 H.1. Preserve Label Comments: REV 1:On sheets that show the Preserve please provide the OR Book and Page numbers.Clearly identify the location of all preserves and label each as"Preserve"on all plans(LDC 3.05.07 REV 2:Please label the OR Book and Page numbers of the preserve on the construction plans. Response:A note has been added to Sheet 3(the Master Plan)referencing both the O.R.BookiPages and the Preserve Area Management Plan. Correction 10:Miscellaneous Corrections Comments:Subsequent reviews may reveal additional deficiencies. Response: Noted. Fire Review Correction 3: Existing/Proposed Fire Hydrant Locations Comments:Show existing and proposed fire hydrant locations..2nd Review-Hydrant locations exceed 300 feet measured along the street. FDC's and Hydrants shall be at least 40 feet from the building(NFPA 24: 7.2.3). Building I (45 of 20)Primary hydrant does not indicate location of connection to fire main. Provide details. P/V details not provided for 6"fire line,clubhouse,guest cottages(identify fire lines), and maintenance building. Provide point of connections for all fire lines. Per the requirements of the Florida State Statutes 633-334(3), the underground fire line shall be installed to the location of the riser and one foot above finished floor. Please note this on the plans for the licensed underground fire fine installer. Response: Fire hydrant spacing has been confirmed with Mr.Ricardo at Fire District.Fire hydrant at maintenance building has been shifted south.Since the primary hydrant is actually on the building parking deck,the actual routing will be up to the sprinkler 1 MEP designer.PIV's were added at the cottages(one NV for all 4 cottages),the club,and the maintenance buildig.Fire system notes,as requested,have been added to Sheets 4A and 4B. Correction 5: Fire department access roads width and vertical clearance Packet Page -75- 7/12/2016 11.C. Kalea Bay (Building I aka Kinsale Condominium) PL20150000420 Responses to Staff Comments of 7/8/2015 Page 7 Comments: Fire department access roads shall have an unobstructed width of not less then 20 feet and an unobstructed vertical clearance of not less then 14 feet(Porte Cocheres).The turning radius for fire department access roads is required to be 25-feet inside and 49-feet outside.The turning radius for fire lanes serving parking lots only shall be 25-feetinside and 45-feet outside.If possible. please provide plans using a truck turning software program to track the turning radius for North Collier Fire District fire apparatus. FFPC 5th ed. 1: 18.2.3;Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 09-4.2nd Review-Provide scale for"Fire Turning Movements"page. Some areas appear to overlap and/or leave pavement.Am the shaded area stabilized base?If so,identify this on plan. Pursuant to FFPC 1:section 18.2.3.4.2, fire department access shall he designed and maintained to support the imposed loads of fire apparatus (typically 32-tons)and shall be provided with an all-weather driving surface. Response: A revised,scaled fire turning movement page is included.The previous plan was a 1"=100' and the circles that were added went off the pavement because they were guide circles only,not wheel tracks. We have also duplicated the note from Sheet 5 on Sheet 4A regarding the 20'fire lane and stabilization that will be used(the same that was used at the Gate House). Correction 8:Miscellaneous Corrections Comments:This review shall be considered incomplete pending receipt of requested and required information. Subsequent review(s)may reveal additional deficiencies.NOTE:In an effort to expedite the review process, please itemize your responses to correspond with each one of the numbered requests listed below.In your response letter, indicate the correction made and on what page it can be found or acknowledge compliance with the request or indicate reason for not complying with the request,All corrections must be clouded on the corrected plan sheets. Submit all corrections in one package.Non-compliance with this request may result in an automatic rejection of your revised subrnittal. Response: Noted. Correction 9:Miscellaneous Corrections Comments:Miscellaneous Corrections 2nd Review-Dumpsters and containers with an individual capacity of 1.5 yd3 or more shall not be stored in buildings or placed within 10 ft of combustible walls, openings, or combustible roof eave lines.Areas containing dumpsters or containers shall he protected by an approved automatic sprinkler system and enclosed with a fire resistance rating of 1 hour. Structures of Types I arid!!fire-resistive construction used for dumpster or container ciorage shall be located not less than 10 ft from openings and other buildings.NFPA 1: 15.2.1.4 Response:The dumpster for the clubhouse has been shifted north and is now 13'from the building(see sheets 3,5 and the Architectural plans). Transportation Pathways Review Correction 4:6.06,02 A.1 and Table.Sidewalks and bike lanes adjacent to the site. Comments:6.0602 A.1.. Sidewalks must be constructed within public and private rights-of-way or easements,which are adjacent to the site, pursuant to the Table and footnotes identified in LDC section 6.06.02 Al.Construct the 10 foot multi-purpose pathway on the North Side of Vanderbilt Drive or payment in lieu, Response: An updated sketch from the 2008 Settlement Agreement is enclosed which updates the portion that has been constructed in front of the project's main entrance.At the request of Staff,we agreed to pay in lieu for the remainder of the frontage,in order for the County to incorporate those segments into the County's pathway project along Vanderbilt.The Settlement also indicates the timing of that payment(upon the C.O.of Tower1). Correction 5:TPP01 Payment-in-lieu.How to pay. Comments:The following must be provided to confirm the amount for the payment in lieu:8 'A X 11 Exhibit signed and sealed(to scale)showing your project frontage on all public or private roads/easements. Please delineate LF of frontage on each roadway and gray out this area.The current payment is 610.28 per sq ft.Check made payable to Collier County Board of County Commissioners for full payment-in-lieu amount.Transportation Pathways Policy and Procedures. Packet Page -76- 7/12/2016 11 .C. Kalea Bay (Building 1 aka Kinsale Condominium) P120150000420 Responses to Staff Comments of 7/8/2015 Page 8 Response:The attached sketch has the calculation included.See above response for more information. Zoning Review Correction 4:10.02.03.B.1.b.ii.(b)(v)-Setbacks Comments: 10.02.03.B.1.b.ii.(b)(v)On site plan, in chart form, setbacks&separation of structures required and provided Please revise the setbacks for the clubhouse and maintenance(west)accessory buildings.If located within the Golf Course District,please update table to reflect those setback requirements (see previous comment). If these are located within the Residential district,then these are non high rise(other structures)as identified in Table II of the PUD.The required front setbacks should be 05 BH not less than 26and the provided setback should be listed in the same row.REV2:Please graphically show distances from GC structures to GC boundaries, and add those dimensions to the setback table. Per Om'. 00-88,principal/accessory structures must be setback 20710'from GC district boundaries,respectively. Response: Setbacks have been added to the table on Sheet 1 and to the Master Plan (sheet 3). Correction - Maximum Building Height Comments: 10.02.03.B.1.b.ii.(b)(vii)On site plan,in chart form, maximum building height,both zoned and actual, per Sec. 1.08.00 Please update the development standards table to provide both the provided zoned height and the provided actual height.REV2: The table only states number of stories and zoned height. I believe;please also add the actual heiaht,as measured to the highest point of the structure or appurtenarnes from average centerline elevation of adjacent roadway(as defined in WC 1.08.02). Please verify height provided(198.8')is zoned height (measured from FEMA BFE to rootline). Please include both the provided zoned/actual heights for the structures in the GC district-the provided height for the clubhouse appear to he lower than what is shown on the architectural plans. Response:Zoned and actual heights have been depicted(and verified) on the table on Sheet 1. Correction 9:Miscellaneous Corrections Comments:Please explain or remove the 108.37' caliout from the NW corner of the clubhouse building. REV2: INFORMATIONAL COMMENT:this cal/out is not required, as there are no setback requirements to internal parking lot drive aisles. Response:The referenced dimension has been removed from Sheet 3. Correction 12:10.02.03.B.1.b.ii.(e)(vii)- Traffic Directional Arrows Comments: 10.02.03,B.1.b.ii.(e)(vii)On Site Plan, show directional movement of internal vehicular traffic and its separation from pedestrian traffic Please provide traffic directional arrows. REV2:Please provide directional arrows at the Bldg 1/parking garage traffic circle and drive aisles. Response:The directional arrows have been added on Sheet 13. Correction 16:Miscellaneous Corrections Comments:On the architectural plans, it appears that there are rooms intended for human occupancy that are not exempt from the height requirements of LDC Section 4.02.01 D.1., specifically,the club room and exercise room.The elevations show the top of these rooms at 215'-5"above the parking level-the maximum zoned height allowed is 200'.Also,the total area of all structures/appurtnances that may exceed the height requirement is 33.3%of the supporting roof. Please provide calculations on Sheet A206 to verify those standards are being met.REV2:updated architectural plan set does not include Sheet A2.05 Response:The Architectural Plan sheet A2.06 has been included. Correction 18:10.02.03.B.1.b.ii.(e)(xv)5.-Vehicular Landscape Areas Comments: 10.02.03.8.1.b.ii.(e)(x-v)5.On Site Plan,vehicular landscape areas REV2: The three parking spaces adjacent to the Bldg 1 seMce drive and the handicap parking area west of the Maintenance Building need a terminal landscape island(s). Packet Page-77- 7/12/2016 11 .C. Kalea Bay (Building 1 aka Kinsale Condominium) P120150000420 Responses to Staff Comments of 7/8/2015 Page Response:The three parking spaces outside the Tower 1 garage were extra and have been removed(see Sheet 6).An island has been added(see Sheet 5 and the Landscape Plans)at the maintenance building, reducing the parking in that area by one space.The revised parking calculations have reflected on Sheet 3. Correction 19:Miscellaneous Corrections Comments:REV2: The PUD limits the building height to 20 stories/200'zoned height. The submitted architectural plans show 23 stories, including 21 stories over 2 levels of parking(this excludes the rooftop recreational area). Response:The stories are counted above parking.The floor numbering on the architectural plans exclude #13,therefore there are only 20 stories. Landscape Review Correction 1:4.06.02 Perimeter landscape buffers Comments:4.06.02. Provide perimeter landscape buffers.See also LDC section 4.06.02 C,Table 2.4.Call out all the required buffers with dimensions on the entire SDP according the PUD and LDC. Rev. 2. Call out the buffers with dimensions including previously approved landscape plans for the SDP. Please read 2.12 of the Cocohatchee Bay (EX)PUD for buffer size and landscape requirements for Vanderbilt Drive. The buffer required is a minimum of 35' wide. Response:The landscape buffer 35 foot dimension for the buffer along Vanderbilt has been added to the landscape plans.. Correction 3:4.06.03 B.Standards for landscaping in vehicular use areas. Comments:4.06.03 B.All Vehicular Use Areas must meet the standards. Terminal ends of parking must be 8wide inside of curb and contain a canopy tree. Please make corrections. Rev.2.A landscape terminal island is required at the NW corner of the maintenance building. Response: An island has been added(see Sheet 5 and the Landscape Plans) at the maintenance building, reducing the parking in that area by one space. Correction 7:4.06,05 C.- Buiiding Foundation Plantings Comments:4.06.05 C. Provide sufficient building foundation plantings. Foundation planting are required for the raised parking facility. Include the footprint of the raised parking facility with the multi family residential structure.Rev. 2. Foundation planting trees are required to be 18'high at plantind(includes raised parkind facility) Please use appropriate formula when making corrections. Formula for buildings‘44th zoned height 50'or greater. (Length)55 percent of the combined total of all building facade length= (Width)20 feet t-vide= (Area) Total Planting Area Required. Trees and palms shall be a minimum 18 feet high at planting. Minimum width of planting beds shall be 10 feet. Trees and palms shall he provided at a rate of 1 per 590 square feet of required foundation planting area. Response:The Landscape Plans have been revised to reflect the required vegetation. Correction 8:4.06.02 Perimeter landscape buffers Comments:4.06.02. Provide perimeter landscape buffers.See also LDC section 4.06.02 C, Table 2.4.Rev.2. Please add a type 0 buffer(shrubs not required), between fhe tennis courts and the road assuming this road is going to be permanent. Response: Requested Type D buffer has been added to the landscape plans. Correction 9:4.06.03 B.Standards for landscaping in vehicular use areas. Comments:4.06.03 B.All Vehicular Use Areas must meet the standards.Rev.2.Some of the terminal islands in the raised parking do not meet code. Make sure islands and terminal ends are 8'wide, curb to curb,and contain a canopy tree. Response: Landscape Plans have been revised to meet the standards for vehicular use areas. Packet Page-78- 7/12/2016 11 .C. Kalea Bay (Building 1 aka Kinsale Condominium) P120150000420 Responses to Staff Comments of 7/8/2015 Page 10 Architectural Review Correction 3:5.05.08 C.9.d. Primary facade standards. Comments:5.05.08 C.9.d.ii.Primary facade standards. It appears that trellises are proposed for the East Facade. Please identify and provide details for the trellis structure and indicate on the landscaping drawings the location, sizes and spacing of the trellis plants. Please modify glazing ratio calculations for the East Facade to identify the area of window and area of trellis individually, as well as the total shown.Rev.2: Trellis plantings identified in response have not been found on the landscape drawings.Please revise drawings to identify the plant material, size, and spacing for the East Elevation trellises. Response:The Landscape Plans have been revised to provide the trellis vegetation. Correction 4:5.05.08 E.3.b. Buffering and screening standards. Comments:5.05.08 E.3.b.Service function areas and facilities. Buffering and screening standards.Service function areas must be located and screened so that the visual and acoustic impacts of these functions are fully contained and screened from adjacent properties,including public and private streets.Mechanical equipment areas located on the North side are not shown fully contained.Please provide fence/wall/gates or landscape shielding of these mechanical areas.Shielding must be as high as the equipment at a minimum. Rev.2: The configuration of the landscape screening for the mechanical equipment area east of the dumpster enclosure shown on the architectural drawings does not match that shown on the landscape drawings. The mechanical equipment needs to be fully contained by the landscape material screening,particularly the north open side of the mechanical yard. Response:The Landscape Plans have been revised as per the architectural plans with the required landscape material screening. Correction 17:5.05.08 C.2.b. Primary Facade standards.Ground floor. Comments:5.05.08 C.2.b.Ground floor.Primary facades on the ground floor must have features along a minimum of 50 percent of their horizontal length.These features include, but are not limited to:arcades;display windows:entry areas:or other similar design elements. Please identify and note the primary facade features being proposed for each primary facade, and provide calculations for the window,trellis(if used), and facade areas indicating the percentage of window area provided for each primary facade. Rev.2:Architectural drawings show trellises counting as window area. Trellis plantings not found on landscape drawings. Please revise drawings to identify the plant material, size; and spacing for the North. East. and West Elevation trellises. Response:The Landscape Plans have been revised to provide the trellis vegetation. Correction 19:5.05.08 C.5.c.Site Design Elements. Comments:5.05.08 C.5.c.Highlight on the drawings(using graphics and text)the selection of at least 2 of the 4 site design element options. Please indicate on the floor and/or site plan the location of the seating area required to comply with site element C.5.c.i and identify a second site design element.Rev. 2:Specialty payers identified on architectural drawings not found on site drawings. Please revise drawings to match, showing the extent of the specialty pavers at the Tennis shop meeting the requirements of the site design element. Response:The pavers on the sidewalk in front of the Tennis building have been shown on Sheet 5 of the site plans. Packet Page -79- 7/12/2016 11 .C. N 1�^ J� NORTHERN PUD Ffil')NTAGEThi' : V., ..`, ','-' . '''T.:..:‘" ., '' ., 71 *basu on current unit price. Final amount may be a4junted it unit price is revise-. IP ' ' til 'i I .ALONG W'ES7rPN V4NDERBILT DR, By Omega C'onstilting Group, LT.,!: jotai R,-P1u.s0e3UFE TV-22015 (TO' 14(0E SIDEWALK TO DE tO Agreement and Release ~^ ..°-~-.~_~^ _ ~~~.~`..~~~~_~ "".. 7,4"..”..rel 4,144 e44e eve*~_~ a.ee4ee___ PacketPage -QO- _-____ -__--~~~_--__-________ _ 7/12/2016 11 .C. % u rri -3b 1 1 a t t 1111110.1.11.44 • ti Li r- , vi 1,. ?t,., .4 T, › ...i .zi -. — --\ , i, to\ s. (Ai :t1 .. ... . _ th N4 t v1 I I . - ‘ 7s 4 03 9 - Cil N }{17 1. N. t. .12 mit. f\ Z- VI 4 t iti f‘ V`� K- Ar 1 -0 t Packet Page-81- Attached : Are the hyperlink documents from the Executive Summary Co ler ctm*lty Administrative Services Department Procurement Services Division Vanderbilt Drive Bridge Replacements COLLIER COUNTY BID NO. 16-6628 COLLIER COUNTY, FLORIDA Evelyn Colon, Procurement Strategist Email: evelyncolon@colliergov.net Telephone: (239) 252 - 2667 FAX: (239) 252 - 2810 Design Professional: Kisinger Campo and Associates Corporation Pre;r.�S°erux s[ aa•33�T7arsdamiTrailEast°Naples.Fkrida34112-4901.2 ti2tNfiT•uwxm€Eie:^ ay.neCPpracamzv�ntsa:.3ces 1 16-6628 Vanderbilt Drive Bridge Replacements TABLE OF CONTENTS PUBLICNOTICE....................................................................................................................... 3 PART B - INSTRUCTIONS TO BIDDERS................................................................................. 5 CONSTRUCTION BID..............................................................................................................12 BIDSCHEDULE.......................................................................................................................13 MATERIAL MANUFACTURERS..............................................................................................14 LIST OF MAJOR SUBCONTRACTORS..................................................................................14 STATEMENT OF EXPERIENCE OF BIDDER..........................................................................16 TRENCH SAFETY ACT............................................................................................................17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION.................................................................18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ..................................................... 19 BIDBOND................................................................................................................................23 BIDDERSCHECK LIST...........................................................................................................25 CONSTRUCTION AGREEMENT..............................................................................................26 EXHIBIT A 1: PUBLIC PAYMENT BOND................................................................................33 EXHIBIT A 2: PUBLIC PERFORMANCE BOND......................................................................36 EXHIBIT B: INSURANCE REQUIREMENTS............................................................................39 EXHIBIT C: RELEASE AND AF16-6628 FIDAVIT FORM........................................................43 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT.....................................45 EXHIBIT E: CHANGE ORDER.................................................................................................46 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION...............................................47 EXHIBIT G: FINAL PAYMENT CHECKLIST............................................................................49 EXHIBIT H: GENERAL TERMS AND CONDITIONS................................................................50 EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS......................................................82 EXHIBIT J: TECHNICAL SPECIFICATIONS...........................................................................83 EXHIBITK: PERMITS..............................................................................................................84 EXHIBITL: STANDARD DETAILS..........................................................................................85 EXHIBIT M: PLANS AND SPECIFICATIONS..........................................................................86 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............87 2 16-6628 Vanderbilt Drive Bridge Replacements covier County Administrative Services Department Procurement Services Division PUBLIC NOTICE INVITATION TO BID Vanderbilt Drive Bridge Replacements COUNTY BID NO. 16-6628 Separate sealed bids for the construction of Vanderbilt Drive Bridge Replacements, 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 3:00 P.M. LOCAL TIME, on the 26th day of April, 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: $4,787,005.05. A non -mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, at 11:00 A.M. LOCAL TIME on the 13th day of April, 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 Drive Bridge Replacements Bid No. 16-6628 and Bid Date of April 26, 2016". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. 3 16-6628 Vanderbilt Drive Bridge Replacements 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 Five Hundred Forty Eight (548) 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 28th day of March. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services Division 4 16-6628 Vanderbilt Drive Bridge Replacements PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 5 16-6628 Vanderbilt Drive Bridge Replacements Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the 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 Refect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 6 16-6628 Vanderbilt Drive Bridge Replacements 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 ' Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued .via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non -mandatory. 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; 7 16-6628 Vanderbilt Drive Bridge Replacements b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re -negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%) from the estimate at the time of bid. 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 8 16-6628 Vanderbilt Drive Bridge Replacements 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 the purchasing ordinance is available at http://www.coiliergov.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.ora/search.htmi) 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. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees 9 16-6628 Vanderbilt Drive Bridge Replacements 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 on the Project. Once approved by Owner, no subcontractor shall be removed or. replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited 10 16-6628 Vanderbilt Drive Bridge Replacements to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the 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 CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 11 16-6628 Vanderbilt Drive Bridge Replacements CONSTRUCTION BID BOARD OF COUNTY COMMISSIONER$ COLLIER COUNTY, FLORIDA 1_vffz?_'M2 vmw--�w'� BID NO. 16-6628 Full Name of Bidder Thomas Marine Construction, Inc. Main Business Address 8889 High Cotton Lane �,*Iace of Business Fort Myers, FL 33905 I I elephone Mo. 239-337-0008 Fax No, 239-337-04 .ilate Contractor's License # CGC1515445 q,tate of Florida Certificate of Authority Document Number F68794 Federal Tax Identification Number 59-2163377 DUNS# 028532935 CCR# Ca 12 16-6628 Vanderbilt Drive Bridge Replacements BID SCHEDULE F - o . o�� o Ln o o °©° u o v' co 0 0 0 00 J m N^~ Lo 00 N O Q n: O1 N LNf1 00 F n n V N 00 V1 00 m N N J ei Q � r C)O O Q l0 Q C) QO 0 �. O O CJ Z O mLU y H N z n N I" i1 00 z 2 u 0 d TZ Ln .Q a` T z -� a o 0 0 Ln� r o0o ti 1-4 rn N M V a--1 •--I m O F LL � J N m O 99 m Z uj l7 D c m F Z a ZLLJ_ J V Z X O m v F- yA Z W W C u � w z N in o2S w z Q O = � N J LL N U K IV Z F_ W m m GC J W F- ,L;W uo K 0 } Z z F F- (n a Q N m Y O U CC N U F W D LL Z O w N N J Q C J Z m U C _ z F l!) U aC Q Z Q Ln L ~ Z X H W w w U O O W VI � W g tL X In Ln� J LL W u J C)W N VI O Q z U Q Z W g o o CO F o b in u Ow Z Z w F- Q ui N H Q~ m Z W U F O w> m O a Z=Z a U � O U" w g u o Q W cc: w o w= 0 w d F a= U CC in Q U m m un yx N w I O^ ^ N F % Q 00 O N O e -I O O V4 Vl 4 V10 VI d' It V cq N V1 O M l!1 O m 1f1 01 m 01 d O O 0 0 0 0 0 0 0 0 00 O 1 N 00 a O CL co 0 N C) bD m CL p 0 o 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 Lo 0 0 Lcq n n 1O 0 "n o o o 00 o C' 0 M 0 o 0 0 0 0 o 0 o o o b o o Cl o 0 Lr o U J lo O Ln O O O 0 O 0 O 0 0 O l0 0 O O 0 O V o O O m o0 O M In o O O O V N a0 M 'a �--� 0 O O Ql M 01 n a1 O LO O N� N �. - V^ O V Ln e -I Ln e-1 to Vl °� n O Ln N ^ m Ln m V Q F- O O m O 00 eti L I� N 0 0 al Ln H W t.f) ^ M N W I� O Ln n <0 al l0 O N .--� �--I n O Ln N V N m Ln d' N I, d' N LO N V M Ln V w N N O 0 M V e -i rl N .--I M N V} N LT c-1 VT V VT (b V} N V} y/� LT 00 to M --� -, N I 00 00 e -I N e -I Ln N m (} `� VT LT V? V? Vn t� t� Ln a p^ tn Lnto N n O N W O W O •� V7 Ln LPI Ln O W N 0^j O .o 0 p 00 114 01 m M O Ln .1 m N 00 a N LO Ln O O m 0 0 0 0 0 0 0 Q O O 0 O O Ln N 0 O 0 0 0 0 0 0 0 0 Ln O- Ln O U m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I� 0 r O O p Ln o m O to O t0 O O LO O Ln n M tri t� tri t� Ln a p^ N N n O N W O W O •� V7 Ln LPI Ln O W N 0^j O .o 0 p 00 114 01 m M O Ln .1 m 0�1, V n N n V LNp V m W Z M O W LO vi V� V* yr u} ,� {/), lV Vt VT rj an N 4/T v> VT .+ V? in N ll1 M N v V, m in rl .-i V} V1 W F- W ^ 2 U Z Y K U (7c n V W w z O Ln .O a H U N a` J z J N U Z -I W -I �--1 e-1 In O 00 O l0 N N ^ N !T ei e„Ln l0 Ln N r -I. 00 Ol e--1 N e -I e-1 e -I V1 N N Ln W j r e-1 e \ In m L!1 M 00 Ln V ti Lmn L'i LO W V V -1 LLnn M O f^ N O cr a g o o LLA 2 a Li a S I I J I J I J I J I I J I J I J I J I J I J W I W I J I U I V I V I V) I Ln l 'A l N z 00 a N O m > Q v on 3 ¢ a Q a o KN N BO y W F- W ^ 2 U K U (7c n ¢ W w z O Ln a H U N J z J N U W 0 O U0 W LL Op LU a \ Q U S U L'i a YBO= cr a g o o LLA 2 a Li a N LU z -4 6 � Q C. a y L LL Q co F O z 2 U J O W o F- a F- a j U U L W F z O O K O H a FV U a LL W LL S cWC J a a J LU Lu Z O _. 0z _. OZf W Q Lu > W -4 O l0 O w F- 0: F- p U L W J c W c W a Z d }} V LL LL c c c O a d m z Z z> 0 a O a F- F- p J a l7 F U W a c c z c c c p F U.J O c O c> 0 0 v J Q c c 0 c 0 c< 0 0 cm Z W> Ln C7 z Z (7 a d U U c= LL Ln J z Z a p c x~ O Oc_ L cG G CL L 0c_ L K Y ~ W z Z p O N m N m S d F- J a F J Q W F- 1 Cn Q D.. W d i a O c -I V O a -I O f'- N O F- O_ F- F- W U V U' 02S O O J Q s W F- W F- W F W F- W z O m 0' o O COF- a > N w Lti Ln a S o S n W v 0 d f- c c W V oo d p J Q d 0 :..1 Ln Ln v c 0_ Z p LU UJ Ln :DV O J J J J w a cr 0 Ur Z V a U F- Z J N ¢ N a F n Cn a N a Z p W m W F- W c a F- c F- c O O co S U Z F- a a¢ a' F Y W F psj x w W m 'm m X W W O Z c f S — v v W O W w W Z a W U V) F- a a Z Z a LL.I 0 � �i F- Z U p (� a F- J a J s W>> a a U F g S U C7 Q m W J W J J z W J p p oC F- W W N J W J a c W_ o: _W 1' W O_' W_ c W c C_ Z¢ F- F O_ F- Z g S ]C Z a LL Ln m Z O_ Z O Z J aC W c W J Q S W U Ln W N Ln W O 2 Z O 2 Z V w V W c W W K W N W Z m Z LU °C c c Q Q O J J W C7 m Z W O_ F- F- JJ 6. o_ o_ Vc7 J W J J a a W W O LU pU H c G a G Ln N m m m m Ln 2 O z U c W AQn I- O O Ln Ln a Z Z Z 2 o_ O o_ 2 2 a W J Ln m e -I N L!1 co N 00 Ln Ln I W.--I `�--I' em -1 epi N N m r-1 ei lD ei .--I V m ^O W l0 /T N m -i aNi lN0 m N x W N e-1 a--1 N i --I i--1 a -I .-I O , Ln 00 �--I N LO O V O O O a -I e 1 I- ri '-I a --I ei N N e -I In N d' N r -I :.7 Fe -I `-I '-I e -I I� ^ ^ n e^i LO r^ 00 00 N N e-1 N N' N N fV N N V CT V V O O O N O Ln Ln r' V 1, Ol Ln Ln Ln Ln Ln O1 01 Ln 0 0 Y 0 0 0 0 0 0 0 0 0 0 0 0 0 c -I N N V w 00 WN m m m m N" N N N 0 0 0 0 0 N a e -I e-1 ei '-I '-L e--1 .-i a --I N a--1 e -I e -I rt e -I a -I e -I rt e -I N" M M m M M V -,tzt V m m m M m Ln Ln m 0- o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a v v v v 0 o O a` c LC V) N N N Ol M Ci e -i t/} a L X W N v U k H 00 O V cu co m CL F O O N O O t/1 0 0� 0 0 0 n OMi c0 p iD u V1 V) (y)N N 0 V1 1- V1 O T N N N �--j W J F ^ N r-1 V M M O rn W M N yMj W n p r O O ervi i/? L} r, �n N to M -cn V? VT 0) iA 01 1A ir4 N N a V) Ln L �O O N N� In O O Ln O p� p 0 0 0 . r, n m w Ln w Z `w E C z Za .--IIm VT L} u}TLTaammC r- n N N Q VT LT LT L? V/ d z a+ O u N u 0 a` zQ r4 c -I c-1 Ln O1 ON 01 1, m N co N V1 01 V � O O 3I IQI QIQIQI W Iul JIJ JI W IJ ZIZI0IJ Z Y a z w a a oiJ V z O Co _ Z z io a z= 0 Y p g 0 In LA m 3 3 w F 0 N LL a = o o Z O N } N CO V V V1 V) F rl r -I N W W W W j O O O O Q a a a Z WJ J J O Q Z .NN� -1 w Z L'I 2 2 0 V1 in O z N a 2 2 2 2 J 2 2 2 Z O cN7 3> 0 0 0 z W Z Z Y F W W Y OC S 0 OC R' 1' C2 z v> a a a a a a Q a Q C7 0 w 0 0 0 0 0 0 0 0 0 2 0 J> z z z z z z z z V1 F W d F F F (A H F H F H w z W Z N V) V1 V) V1 V) V) O cz7 cz7 F u c j U U t u u 0 w In 'i VI In u 1..1 G L a a >agggggggg' N O O O O w d a al a a a a a a w o a a 0. p 0 0 0 0 0 0 0 0 0 v1 Fn U, In K a F F F- 0 O M v 1n a v" -1 rl a -I N O O M N N N n N -I .I M ci a --I V) ID N r7 1-1 c -I 1-4 N ei N N e -i e-1 1-4 ei e-1 N ID w ID In e -I ei N N M a-1 ei e 4 e-1 4 ri r1 e -i -4 N O O O O l0 O N e-1 e-1 .� -4 e-1 i -i .--1 m Q 0 n n n n a n n n a a n n n 01 o_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 Ln m a 0 a h Ln O u z I H a u u w LU LU H Ln N O Q1 C O co 0 tD a z Q d co O n a Ln O U z D t-: 0 0 v m Q1 Ln tD m t/T J Q F Q z Z Luz OC G O U 00 0 00 a) m m CL MATERIAL MANUFACTURERS inmjffi A i:• '�OVWH 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. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, 1 confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications, 'rl—w — RA—s- r,-.41'+- —*— int* Section B (Exception requeste&6 Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 14 16-6628 Vanderbilt Drive Bridge Replacements LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE r NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 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. 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. E 0 19 a 91 91 Golden Gate Blvd. Design Build Bridg:g Rgl2laggmg0l - -- I Harbourview Drive Bridge Replacement MIMI a. 0 '. US 41 over Henderson Creek SR 80 over Goodno Canal SR 80 Overpass over US 27 Collier County, Kevin Dugan (239)252-8192 Charlotte County, Chuck Koons, PE Collier County. Steve Ritter (239) 252-5799 FDOT in Collier County, Scott Wass, PE (239) 699-7588 FDOT in Hendry County, Steve Aronow, PE (561) 722-2546 FDOT in Hendry County, Keith Riddle (239) 340-2389 16 16-6628 Vanderbilt Drive Bridge Replacernents 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 tQuantily) Cost Cost (Description) fLFSY) I . Simple Sloping LF 2579 $10,00 $25,790.00 2. Trench Box LF_ $22,50 $34375-00 3. 4, 5. TOTAL$ 29,165.00 Failure to complete the above may result in the Bid being declared non-responsive. 17 16-6628 Vanderbilt Drive 86dge Replacements Immigration Law Affidavit Certification Solicitation: 16-6828 Vanderbilt Chive Bridge Replacements 11WRIMOMPROW 11=90M. NOW MIT vendoes/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company,; Failure to includethisAffidavit andacceptable ey id once ;; In the E Program,doom the Vendor Bidder's Proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 Lt.S,C, Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ('INA"). • ♦A - - s+ • - as , • _• • , • [,- • • • • r 422 f• , • Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) :and agrees to comply with the provisions of the Memorandum of understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility 'Verification System (E -Verify), operated by the Department of Homeland Security its partnership with the Social Security Administration at the time of submission of tate Vendors 1 Bidder's proposal. Company Name „Thomas Milrine Construction Inc WMI = state of Florida County of Leg Title President • ; - i l -WO , The foregoing instrument was signed and acknowledged before me this _Z6th day of April 2016 , by Kgvin Q, �bimp_ (print or type name) who has produced FLD;L# S510-503-71-401-0 (type of identification and number) as identification, Notary Public Linda Solich U I II II i$OUCH Printed Name of Notary Public rh t2w i . a° 2 a �9 FF :64eiF $ 9 CommissionNotary ," t • The • -- of this Affidavitguarantees,,' '• by •rn affidavit requiredand accuracy of this affidavitto interrogatories COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes), Florida Statute 119-071(5) require that the county notify you in writing of the reason for collecting this information, 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 torovide all information) Taxpayer Name Thomas Wrine Construction, Inc. las shown on income tax return) Business Name (if different from taxpayer narne) Address 8999 Hiah Cotton Lane city Forl My&rl, state Florida zip 33905 Telephone 239-337-0008 FAX 239-337-0099 Email kcshimo@AgJ&g[p Remit I Payment Information Address 8999 High Cotton Lane city Ft.state FL zip 33905 FAX 239-332-QQ�q Email kcshirnp@aoLcom RON 2. Company Status (check only one) 3, Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 59-2163377 (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 pen aill poury, I certify that the inthrmation shown on this fon-n is correct td my knowledge Signature I Date 412612016 Kevin sh p Title President Phone Number 239-337-0008 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. W W # ja�# State of Florida County of I Lee Kevin C. Shimp .......... I 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. Kevin C. Shimp 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, The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of Thomas Marine Construction, Inc. and the full names of its officers are as follows: President Kevin C. Shimp Secretary Linda Solich Treasurer John Labarge, Jr. Manager Mark Mabee The President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 411912016 eM-ef whieh-is-hereti-�v-aftached (strike out this last sentence if not applicable). (b) Co -Partnership The Bidder is a co -partnership consisting of individual partners whose full names are as follows: I- - (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page. R955ROKINTSTIN Linda Solich Witness Mark Mabee Witness M Thomas Marine Construction, Inc. legal entity J= 21 16-6626 Vanderbilt Drive Bridge Replacements STATE OF Florida The foregoing instrument was acknowledged before me this 26th day of A ri 201 by Kevin C. Shimp as Etesideal Of Thomas• Florida corporation, on behalf corporation, He/she is personally known to me or has produced identification and did #.f # oath, �t My Commission Expires:: Febr ary , 211 �. � (Signature of Notary) NAME- Linda Solich (Legibly printed) (AFFIX OFFICIAL SEAL) Notary Public, state of Florida Commission No.: EE J&fjA81 UNDA SOLICH n# FF IM81 A �` F s, 2019 KNOW ALL MEN BY THESE PRESENTS, that we Triomas marine Constructian v 8999 High Cotton Lane, Fart V.,ers, FL 339CE (herein after called the Principal) and Ira Casualty & Surety Company of America, One Tower Square, Hartford, CT 0-5,183 (herein called the Surety), a corporation chartered and existing under the laws of the State of C -T with its principal offices in the city of ",IrL'Ord and authorized to do business in the State of FL are held and firmly bound unto the of, coiarmy carwiasian;-,rs for Collier County (hereinafter called the Owner), in the full and just sum Of 5% of Lhe attached bid dollars ($ 54 good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for fumishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Vanderbilt Drive Bridge Replacement: Bid No. i6-6628 23 1s -Ma VandertAll Drive amoe Wits IN TESTIMONY Thereof, the Principal and Surety have caused tie presents to be duly signed and sealed this *gth day of ori , 2016 Thomas Marin 02! �-tt or Principal (Seal) BY .za3elers,/C ua=ty Surety Cckrpa^:f America Surety (Seal) Alio_ Van Wyk, A torr.ey-2r. Fac Countersigned Local Resident Producing Agent for 4 16-6628 VgrKWWt OTWe age ReplacmentS A01k POWER OF ATTORNEY TRAELERS Farmington casualty company St. team Mercury insurance Company Fidelity and Guaranty Insurance Company Travelers Casualtyand Surely company Fidelity and Guaranty, insurance Underwriters. Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guarani) Company St, Paul Guardian Insurance Company Atiormea-In Fart No. 'erti#lacate o. 006661616 KNOW ALL MEN BYTHESE PRESENTS: That %armatn+foo `"a sera' t oln a€t�, St, Fisc€t Fire and Marine ln'taraatc CfaE€jnula , St. Paul Guardian insurance C"arrnp any. St, Paul Insurance C l nalssny, Tr rscler, Casualty and Surety C tanitianN. Traveler, C:.asua t} and Surety Company of ,Afnerioat, and United States Fidel'iti and Guaranty { ornpany are corporst€tans dni� csrtanated under the laws cal" the, State caf C""comae tictat. that Fidelity and Guaranty Insurance company is at corporatiaan duk organized Under tlae laws arf` the State of Itsss<a. and that Fidelity :anti Guaranty Insurance 1:71aitM Biters. Inc_, is a corporation duly ear=-anared tender the law's of the .Male 4 wisc na'aaa i herded ccsttectively called the ""Cemnpanie%-'i and that the f oni arrnes slat herehes need e, constitite anti aaplazyim Patti Zukt Alison Van Wyk, Max Vaal Wyk, C'hristopher'ii`ac°ttjar,. Justin Haan, and Linda DeVries ai Itis C"tty of Cgantl 9zipid, �, Scuts tai,W.__ `&I t€ iii# tl1 their trait anti klwtul itttaaney4�a-tn l a t, cath in dacxr s patate ca:paciry if afore than €Mise is manned alra'at e iia sign. execrate. teal and aatInfili lvdge any anal all lszatada, re ca "tea :sac . cr#axlaticaaaai undenaakalgs and. rather Arionp Obligatory in the nature thereof on heliall kit the t ompatiic;' an their bu.ine.. € f guaranteeing the: fidelity of l z r err , nctaranteein=m the perfortriancr of ct nate acts and executing orguarantoong alids anti undertakingsat redlutred t=r laernlittett tit any actnsnv or proceeaiin4v allowed by l,iw, IN WITNESS t`4'IIERE017,, tine C.o mpaantca haus van ed this instrutraa4nt io? tsr: cagned and their corpmaate e:ak tar a" It hcretati"svtz9_ [iiia 23rd drat of __ 1 a farad ary,,,,, Farmington Casualty Company St. Paul Mercury insurance[ Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance E"mrlerwrlters, Inc.. Traveler: Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Stater Fidelity and Guaranty Company St. Pani Guardian Insurance Company State iii Connecticut city axi" 11a,rtfer'nl ss.. +�T J F IY &ttst at praaw"...Boca Viae tvre.ieietat On tisi* the ''r icy cat Frtt3ary 1? I Ci 13e€4ar : n }aer�aan t,1} alaarc i i2alhert L_ Raney- ct'hvs iteknasule 1petl hnnseil` ccs h the Senior -Vice President aft rarnum-urn C`axuadty Compaivy. Fidelity and Inaurancc cofrfpan�, Fiddity and Guarino lasorancc Underwriters. Inc., St:. *areal Fink :and '\1 arutc insurance f:"tst span}. Si, Paul C:ttardiaan Inattrancc Company, 51. P€alai Mc n:urw losuraus e Company, Tra elcx. Caeualtc aml Surely Cornpany. Traveler, Casualty ,and Surety Company of America. and United States Fidchly and Civatr nt Conapamy. anti that hc, xs uch, being authorized tio to do, execlned tete foregoing instalment frtr tale purpo,,es therein contained by ,igain; ort behalf of the corporatioms fay himself a:a ai duly atnhtirited officer, In Witntms Whereof. l kaerenntaa rue my' hand anal ot%acial mai. � J\ MyCommas:.ionexpire',the3001dasi')fJunc.'_ta1a. �A air \JarufC.Tturaalt,NutarvPublic Iwi"h� 58440-8-12 Printed in U. .A. This Ptawcr ofAnorney is gnnattetl under and by dw andwaiw offt l y " - � y � a .1° iaty and Guaranty tmsuratxcas CttmtPtamy, Fiia 3 t„v and Guaranty lasumace U st Pad rim am Arte lourance Company,. it. !'ail Guardian Insurance C"aampany, St.. Paul Mmury Insurance Company, Trawk-^ C°&AmIty and Sur y Company, Travetm Casualty and qty= Compury of -a_ and Ir"nuesl ;xc-, Fidelity and Guaranty Company. %,hich resolunoto aw now in fall forw and dh�ii„ z as f0boat,3, RESOLVED, that the Chairntan., ilk Pmsi mmt. any Vicr Eakxmivc Vice _pamidcftt, any Senior vice Pa -c any KV Pte,%Wiait, amy Sea„ THIS SHEETMUST BE SIGNED BY VENDOR , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. - t - C Of ler y (Z�0"]Kt " t". . .. . ....... Emait evelyncolon@colliergov.net Telephone: (239) 252-2667 FAX: (239) 252-2810 Date: April 5, 2016 From, Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: , Addendum # 1 Solicitation # and Title 16-6628 Vanderbilt Drive Bridge Replacements The following additional information is issued as an addendum identifying the following for the referenced solicitation: In order to receive copies of the plans for the construction project, please fill out the exempt document form and submit a copy of the form along with a copy of your driver's license to: eve'!,rr,coior,,llieEg2�Lt and rnatthevicatoermcollier Anel You will receive an email with a link and password that will provide copies of the plans. If you require additional information please post a question on the Online Bidding site or contact me using the above contact inf+►rmation. v_qrWWLtm tite above i--ferenced Fn* rrqifti■�� (Signature) C Kevin Shimp 11 1 y Thomas Marine istructior 411912016 Date Email, MatthewCatoe@colliergov.net Telephone, (239) 252-8929 Fax (239) 252-6421 Date: April 14, 2016 From: Matt Catoe, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation: ITB 16-6628 Vanderbilt Drive Bridge Replacements The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation-, **Posted Pre -Bid Meeting Sign -in Sheet" If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Anthony Stolts (Signature) Kevin Thomas Marine C (Name of Finn) of Oft Addendum with your submittal for the above refereneed 4/19/2016 Date AddendumTemp4ate Reviwd,V15110 I • - s Date: April 13, 2016 • i < +s ! - 4 # i R -!. PEASE Company: : tOe- r r }fifes: city: FT State: .._.. I Telephone: - �Y 5,!f Attendance '" Bid Meeting VendorSign4n PRINT Name, MZ Li f Company Address: 1 • Telephone: -23o e FAX: FAX: Email; Email: s s. C.i Telephone:_ Name: Company'. city. State: Zip: Telephone. FARC Email: iA,Cquist sfTec€ Form tLei mftan i w, ;ani n bShest ` ed:4/1&201t CAjer County Attendance Sheet v Pre Bid Meeting Vendor Sign -in Lieu: April 13 21 Solicitation: 16-6628 VanderWlt Drive 13ri4ge Replacernents PLEASE PRINT,.,, Name: Name: Company: CTny. '4 111U�rrZ7 ,r f Address:: etnA'�L x'.{x Address: City. -s ---- City: L Zi .31(//4/ State: Zip. State:........ ' d 3 101t> Telephone: Telephone: ' FAX: 3 1 FAX:, Email; .e A.-4 .w) Zd t>S 4, cam Email; Name: Marne: Address: City: State: Zip; Telephone: FARC Email: Company: Address: City. State Zip: Telephone: FAQ: Email, f za, or ntLe ssd�+ ndatOrt fcsOUt IgnmS t :41#1 co r co-ttlqt�v Email: MatffiewCatoe@cothergov.net T -phone: (239) 252-8929 v -u ele Fax: (239) 252-6421 Memorandum Date: April 19,2016 From: Matt Cage, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation: ITS 16-6628 Vanderbilt Drive Bridge Replacements The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: ,73steo Fre- I I I I "Posted Traffic Control Plan Notes" "Solicitation Deadline Date and Time: May 3, 20163:00 pm EST. "Solicitation Q&A Deadline Date: ApOi 18. 2044 April 26, 2016 if you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Anthony Stolts Please sign below and rtttrM-4copy of this Addendum with your submittal for the above referenced solicitation. I AddendmTemplate Revised: 4/15110 1 State of Florida Department of State *0 I certify from the records of this office that THOMAS MARINE CONSTRUCTION, INC. is a corporation, organized under the laws of the State of Florida, filed on February 25, 19821. The document number of this corporation is F68794, I further certifV that said corporation has aid all fees due thisoff'ce ti h p g December '31, 2016. that its most recent annual report/uniform business report was filed on January 15, 20 16. and that its status is active, I further certify that said corporation has not filed Articles of Dissolution. Number. Given under nT band and the Great Seat of the State of Florida at Tallahassee, the Capital, this the Twen(r-fi"flh d(ty of Januarr, 2016 S�C� ofmak; https:lfstrvicts.sunhiz.orgIFilingsICertificateOfStAtusICertificat eAuthenticatiou STATE OF FLORIDA DEPARTMENT OFIBUSINESS AND PROFESSIONAL CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIF(ED p . Under the pro1 Chapter 489 F Expiration date: AUG1. 2016 SHJMP. KEVIN CARL THOMAS MARINE CONSTRUCTION IN � 14841 CALEB DRIVE � FORT DYERS FL. 33908 ISSUED Off.+31 2014 DISPLAY AS REOUIRED BY LAW SEQ# 040831,0005499 Ift-g-mr-rM. LjEMME3ML= 0MAVIARAIIJLwY&xi0A MEMORANDUM OF UNDERSTANDING OEM MEM 1. SSA agrees to provide the Employer with available information thatallows the Employer to confirm the accuracy of Social Security Numbers provided by; all employees ven#ad under this MOU and the p:.oyment authorization of tj S, citizens, 2, ssA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the; Employer's participation in the E -Verify program- SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representafives to be contacted during the E -Verify process. I SSA agrees to Safeguard the information provided; by the Employer through the &� program procedures, :and to limit access to such information, as is appropriate by law, to Individuals responsible for the verification of social Security Numbers and for evaluation of the E -Verify program or; such; other persons or entities Who may be author-ced by SSA as governed page I of 131 F--VeMy MOU for Employer I Reviwon Onte 09MIM www dh6.20VM-V0rifY EmployerWizard' Fags I of W a yrg », LSOL72 1* 29 AM WW2011 Thmas, Maore Need I Edh Cogs;€tiction, Inc 385562 028532935 8 1 *9h Cann Lane Fart Myers FL 33 LEE Uailuiq Address Address is Address City State; Z74p E ptoyer Category, xnra of +. caleganes appty M4' s s w 237 - HEAVY AND CML view 0' Edit ENGINEERING CONSTRUCTION I View! Edit' https:He-verify.uscis.gov/emp/EmployerWi,zard-aspx 9/29/2011, CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Thomas Marine Construction, Inc. ("Contractor") of 8999 High Cotton Lane, Fort Myers, Florida 33905, a -corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Vanderbilt Drive Bridge Replacements, Bid No. 16-6628 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Kisinger Campo and Associates Corporation, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Five Million Four Hundred Fifteen Thousand Nine Hundred Fourteen Dollars and Ninety One Cents ($5,415,914.91). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as 26 16-6628 Vanderbilt Drive Bridge Replacements 00va Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c57O.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Five Hundred Eighteen (518) calendar days from the Commencement Date (herein "Contract Time"), The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Thousand Eight Hundred Seventy Six Dollars ($2,876.00) 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. 27 16.6628 Vanderbilt Drive Bridge Replacements (F1 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not " charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. 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 16-6628 Vanderbilt Drive Bridge Replacements. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form 28 16-6628 Vanderbill Drive Bridge Replacements 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 Kisinger Campo and Associates Corporation and identified as follows: Contract Plans as shown on Plan Sheets pages 1 through 103. and identified as follows: Technical Specifications as shown on Sheets pages 1 through 30. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. A]I 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: Anthony Stolts, Senior Project Manager Collier County Growth Management Department Transportation Engineering Division 2885 South Horseshoe Drive Naples, Florida 34104 Tel: 239-252-5835 Fax: 239-252-5885 Email: anthonystoltsCa7colliergov.net 13. 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: Thomas Marine Construction, Inc. 8999 High Cotton Lane Fort Myers, Florida 33905 Attention: Kevin C. Shimp, President Tel: 239-337-0008 Fax: 239-337-0099 Email: kcshimp(cDaol.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section.. 2s 16-6628 Vanderbilt Drive Bridge Replacements T Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governina 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. 30 1&6628 Vanderbilt Drive Bridge Replacements Section 15, Chancie 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 "forties contra proferentum (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary 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. 31 16-6628 Vanderbilt Drive Bridge Replacements IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Thomas Marine Construction, Inc. By: FIRST WITNESS Print Name SECOND WITNESS Print Name Print Name and Title Date Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Donna Fiala Date Chairman Approved as to Form and Legality: Assistant County Attorney Print Name 32 16-6628 Vanderbilt Drive Bridge Replacements U EXHIBIT A 1: PUBLIC PAYMENT BOND Vanderbilt Drive Bridge Replacements Bond No. Contract No. 16-6628 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($_ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee 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: 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 day of 20 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 33 . 16-6628 Vanderbilt Drive Bridge Replacements !0A Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 34 16-6628 vanderbilt Drive Bridge Replacements OR Witnesses STATE OF COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Printed Name) {Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 , by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 35 16-6628 Vanderbilt Drive Bridge Replacements A. i� EXHIBIT A 2: PUBLIC PERFORMANCE BOND Vanderbilt Drive Bridge Replacements KNOW ALL MEN BY THESE PRESENTS: as Principal, , as (Business Address) are held That and Bond No. Contract No. 16-6628 Surety, and firmly as Obligee located at bound to in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee 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: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received; hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 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 Iday of , 20 , the name of each party being affixed and th@se presents duly signed by its undersigned representative, pursuant to authority of its governing body. 36 16-6628 Vanderbilt Drive Bridge Replacements d Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL 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: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 37 1"628 Vanderbilt Drive Bridge Replacements U ATTEST: Witnesses as to Surety Witnesses SURETY: (Printed ame) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF. The foregoing instrument was acknowledged before me this day of 20 by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed), (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage Us 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 coverageUs,) 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 39 16-6628 Vanderbilt Drive Bridge Replacements 3 5; 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. ao 16-6628 Vanderbilt Drive Bridge Replacements 0 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 $1,000,00 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 41 16-6628 Vanderbilt Drive Bridge Replacements p� f Collier County Florida Insurance and Bonding Requirements M:.�.. 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 1 ® 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 $1,000,00 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 41 16-6628 Vanderbilt Drive Bridge Replacements p� f ❑ Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/ Crime $ Per Occurrence Including Employee Theft,funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 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. RLC 3/18/2016 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 42 16-6628 Vanderbilt Drlve Bridge Replacements L) EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER } STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared _ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and 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 1 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: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 43 16-6628 Vanderbilt Drive Bridge Replacements V ...............«,..,.....«,«,,.......,:«,...,.This page was intentionally left blank..........,..,,,.,.,....,,,.,........,........... 44 16-6628 Vanderbilt Drive Bridge Replacements �d V EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: http://Purchasing.colliergov.net/Forms/Forms/Allitems.aspx - EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at; http:!/bccsp01/SiteDirectoN/ASD/Purchasin /Forms1/Forms/Default.aspx Change Order Fom'Re Cantractf:� GlrangetE:� Purchaseorderf: Prajert#:�� Cantrachtrftgmnf3ame � Prajectfiame: Project Manager if ameF Department ?rg'maf£cflbreetWcrk L?der Amaurd 5f c f 7€ €€ PrigirwFl3£C Appraral Daie Amends f— ucrent BGStpR_cvedArrourd , nr_ .x.. Last BCS P�afsrtwml D ,lends (gym# ... :un-erd CantactMf ak iflrder Ameunt � " SAF CrsntractExpirston Date (fu4dte��1 ka113rRrs�o+ntnfith�Chan a 31V:0! 3CharmetemQimina[Arrmnt �.i etfGastraeirNfakOrdefTt 5 U.BO #D6Vto! ChwwefromCreniBCCAwracArromr d flUirnilatiaChan fmnnGrrrentAmount Native to Pro Original� Last Approved Red Dale Date Completiont} hate (ol"d-va) I� f of Days Added SeiectTasks 0 Add nesw'task(s) 0 Delete tamk(s) Change taskts) Other (—tmE10w1 Provide a response to the following: L) detailed and specific exptanatian#aiinnale of the requested change(s)to the tasks) and t of time add itional days added (it requested): 2.) why thi s change vas notxraetodad in the farm coniracfi and, 3) de5enbe the impact if Ws change is not processed.. Attach additional Wannatica from the Design Profession i and'or £crdractw it needed. Prepared by: Data: (FM*ct Manaw :flame and epartmerd) AaaeptatmceafdzisCtegeO sWcwrMukamod- tiwmtocaMT-adiworkarderidentifiedwaveandwiibesejecttcaMftsame terms and confamnas contained nthe =Wactiworkarder intficated above, as, fs*asitthe same were s0ted in thtsacerae Time adostmea rjf any. to thecontrad: s<hm eot akae a fd and femat seatiament of any and all td&rms of the C4x*aater t Vendor i consulraatl es,gnPraFesSionalarming ow ofor Tehined to tW change set foxth hetein, krAmfing dwrr's for knPffid and delay costs. if Accepted by and Date: , (cantfactet t VeXmder# aces C Des=gttm rofessro blame of FinnFinnpn>)tc'lappkcable) Approved by Date: (Design Prdessional and Mams ofFirm,ffprajestapplicable) Approved by-, Date: f�racmemeM Professiramai �x?.;varc T�s,:�ra tm 48 16-6628 Vanderbilt Drive Bridge Replacements C�] EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 47 16-6628 Vanderbilt Drive Bridge Replacements C,) RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title 20 48 16-6628 Vanderbilt Drive Bridge Replacements L.i EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 20 Contractor: The following items have been secured by the. for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. , Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). B. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by NIA. If NO is checked for any of the above, attach explanation. Acknowledgments; By Contractor: (Company Name} (Signature) (Typed Name & Title) By Design Professional: By Owner: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 49 16-6628 Vanderbilt Drive Bridge Replacements 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; 50 16-6628 Vanderbilt Drive Bridge Replacements 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. 51 16-6628 Vanderbilt Drive Bridge Replacements I 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 5:00 P.M., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 52 16-6628 Vanderbilt Drive Bridge Replacements 4.3 Contractor shall submit all Applications for Payment to Chris Meares, P.E., Kisinger Campo and Associates Corporation, located at 201 N. Franklin Street, Suite 400, Tampa, Florida 33602. 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 six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to 33 pd 16-6628 Vanderbilt Drive Bridge Replacements 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 VISAWASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 5. PAYMENTS WITHHELD. 5 16-6628 Vanderbilt Drive Bridge Replacements 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 Wo"rk will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5,1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off=set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and alf claims by Contractor against Owner arising out of this Agreement or otherwise 55 16-6628 Vanderbilt Drive Bridge Replacements 00VD 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. 56 16-6628 Vanderbilt Drive Bridge Replacements V 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; 57 16-6628 Vanderbilt Drive Bridge Replacements 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, Worm 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. Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239)252-8383 58 16-6628 Vanderbilt Drive Bridge Replacements 00 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty 59 15-6628 Vanderbilt Drive Bridge Replacements �r' to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy; if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and 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 60 16-6628 Vanderbilt Drive Bridge Replacements 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. 10.8 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. 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, 61 16-5628 Vanderbilt Drive Bridge Replacements 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 property connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or 62 16-6628 Vanderbilt Drive Bridge Replacements 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 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 1985 as located at 8 U.S.C. 1324, et sea. 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 I f the United States and to employ only individuals who are eligible to work in the United States. 63 16-6628 Vanderbilt Drive Bridge Replacements ,,.:,J: 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 formai 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 I 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 Programa The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E -Verify evidence and the executed affidavit the bidder's I 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 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 seg 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 64 16-6628 Vanderbilt Drive Bridge Replacements LJ 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. 17.3 Contractor shall pay ail 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 65 16-6628 Vanderbilt Drive Bridge Replacements 0 of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment; and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, 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 66 16-6628 Vanderbilt Drive Bridge Replacements C3 Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the 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 67 16-6628 Vanderbilt Drive Bridge Replacements 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 -fist. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 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. 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 material men 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 68 16-6628 Vanderbilt Drive Bridge Replacements warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 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 Contractors expense unless Contractor has given Project Manager timely notice of Contractor's 6s 16-6628 Vanderbilt Drive Bridge Replacements 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 Professionat or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract 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.,44at the completed Work will conform to the Contract Documents, Project 70 16-6628 Vanderbilt Drive Bridge Replacements G, Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and ail 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 71 16-6628 Vanderbilt Drive Bridge Replacements U 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 immediateiy replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made, If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 72 16-6628 Vanderbilt Drive Bridge Replacements 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners 73 16-6628 Vanderbilt Drive Bridge Replacements when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limitits 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; 74 16-6628 Vanderbilt Drive Bridge Replacements ®� 28.5,6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manuai On Uniform Traffic Control Devices (MUTCD), whereapplicable 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 coiliergov.net/purchasing. O 75 16-6628 Vanderbilt Drive. Bridge Replacements 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 (1 Q) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for ail 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. 76 16-6628 Vanderbilt Drive Bridge Replacements 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 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 77 16-6628 Vanderbilt: Drive Bridge Replacements V performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub -subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 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 7s 16-6628 Vanderbilt Drive Bridge Replacements V failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34. 1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 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 7s 16-6628 Vanderbilt Drive Bridge Replacements At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) 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. ABOVEGROUNDlUNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; 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 80 16-6628 Vanderbilt Drive Bridge Replacements ,� k, L3 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 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. 81 16-6628 Vanderbilt Drive Bridge Replacements ,ALJ EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http:llbid.colliergov.net/bid/ and titled: Supplemental Terms and Conditions 82 1 M628 Vanderbilt Dove Bridge Replacements EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.netibid/ and titled: Technical Specifications 83 16-6628 Vanderbilt Drive Bridge Replacements EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Permits 84 1"628 Vanderbilt Drive Bridge Replacements �J EXHIBIT L: STANDARD DETAILS. Supporting documents found at: http://bid.colliergov.netibid/ and titled: NIA 85 16-6628 Vanderbilt Drive Bridge Replacements EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.neVbidi and titled: Contract Plans and Technical Specifications 86 16-6628 Vanderbilt Drive Bridge Replacements EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Darren Watkins Construction Superintendent Mark Mabee Project Manager 87 16-6628 Vanderbilt Drive Bridge Replacements