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Agenda 10/08/2013 Item #16A10
10/8/2013 16.A.10. EXECUTIVE SUMMARY Recommendation to award Contract No. 13-6139 — Lely Area Stormwater Improvement Project (LASIP), Crown Pointe and Haldeman Creek Weir Replacements to Kelly Brothers Inc, in the amount of$530,550.51,Project No. 51101. OBJECTIVE: To continue with the construction of the LASIP project with the approval of the Crown Pointe and Haldeman Creek Weir replacements phase. CONSIDERATIONS: The LASIP SFWMD Environmental Resource Permit (#11-01140-S) was issued on October 14, 2004; the USACE Environmental Resource Permit SAJ-2002- 2436(IP-MJD), was issued on July 28, 2005. This project is bringing us closer to completion and compliance with these permits. Thus far, each phase has been completed successfully according to the phasing schedule. (Phasing map attached.) To-date, all of the channel segments have been constructed or are in design. The bid for the Crown Pointe and Haldeman Creek Weir Replacements project was advertised on July 3, 2013, in the Naples Daily News. Staff emailed 1415 notices to interested subscribers and 77 vendors downloaded the specifications. Four (4) bids were received by the August 5, 2013 due date. The bids were reviewed by the Transportation Engineering staff and the Project's Design Professional in conjunction with the Purchasing Department. The following bids were received: Contractor Bid 1 Kelly Brothers, Inc. $530,550.51 2 Zep Construction, Inc. $593,018.75 3 Quality Enterprises $699,174.85 4 D.N. Higgins, Inc. $788,000.00 The bids have been tabulated and verified by the Purchasing Department. Kelly Brothers, Inc., was shown to be the lowest, responsive, qualified bidder. A bid analysis was performed by the engineering staff to determine if there were any anomalies in the bids and to judge the credibility of the engineer's estimate. The analysis showed that the Design Engineer's initial opinion of probable cost for the project was notably lower than the bids received. After discussions with staff and investigation by the design engineer errors were discovered in the opinion of probable cost in constructability aspects that had not been taken into account and certain material prices that had not been updated to reflect current pricing trends which have risen in recent months. The Design Engineer revised the opinion of probable cost to $560,413.70. Given these factors, staff has determined that the bids received were reasonable and is therefore recommending that a contract be awarded to the low bidder, Kelly Brothers, Inc., whose bid is 5% below the revised estimate. FISCAL IMPACT: Funds in the amount of $339,267.00 are available in the Transportation Grant Fund 711, Project 51101-02. The 25%required match for this HMGP grant in the amount Packet Page-1251- 10/8/2013 16.A.10. of $113,089.00 is available in the Transportation Grant Match Fund 712, Project 51101-02. Additional funds in excess of the required match in the amount of$78,194.51 are available from Stormwater Capital Fund 325, Project 51101. Funds in the amount of $339,267.00 will be reimbursed by the Florida Division of Emergency Management. Source of funds are grant funds and a transfer from the General Fund. The operations and maintenance of each weir is estimated to be $500 annually. The life cycle costs based on a 20-year life cycle (minimal maintenance necessary for first 5 to 7 years) are estimated to be between $25,000 and $50,000 for approximately 35 years of maintenance. GROWTH MANAGEMENT IMPACT: The project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners award Contract No. 13- 6139 to Kelly Brothers, Inc. in the amount of $530,550.51 for the construction of the improvements to the segment of LASIP known as the Crown Pointe and Haldeman Creek Weir Replacements, and authorize the Chairwoman to sign the contract after final review by the Office of the County Attorney. Prepared By: Shane Cox, P.E., Sr. Project Manager, Transportation Engineering Department Attachments: (1) Bid Tabulation Sheet w analysis, (2) Revised Engineer's Estimate (3) Engineer's explanation of revised estimate (4) Contract 13-6139, (5) LASIP Construction Phasing Map Packet Page-1252- 10/8/2013 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to award Contract No. 13-6139- Lely Area Stormwater Improvement Project (LASIP), Crown Pointe and Haldeman Creek Weir Replacements to Kelly Brothers Inc, in the amount of$530,550.51, Project No. 51101. Meeting Date: 10/8/2013 Prepared By Name: CoxShane Title: Project Manager, Senior,Transportation Engineering 8/28/2013 3:40:25 PM Approved By Name: LynchDiane Title:Administrative Assistant Date: 9/3/2013 6:44:09 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 9/3/2013 8:22:51 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 9/4/2013 8:51:21 AM Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 9/5/2013 3:33:44 PM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 9/6/2013 9:44:01 AM Name: KaseeskaMillie Date: 9/12/2013 9:07:16 AM Packet Page -1253- 10/8/2013 16.A.1O. Name: AhmadJay Title:Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 9/17/2013 8:06:36 AM Name: ShueGene Date: 9/18/2013 3:12:49 PM Name: KearnsAllison Date: 9/25/2013 2:17:24 PM Name: TeachScott Title:Deputy County Attorney,County Attorney Date: 9/25/2013 2:54:58 PM Name: OberrathKaren Title: Senior Accountant, Grants Date: 9/27/2013 4:07:22 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/30/2013 8:29:27 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 9/30/2013 10:54:02 AM Name: KlatzkowJeff Title: County Attorney Date: 9/30/2013 11:38:48 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/30/2013 2:40:22 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 10/1/2013 12:12:31 PM Name: IsacksonMark Title: Director-Corp Financial and Mgrnt Svs,CMO Date: 10/1/2013 12:41:48 PM Packet Page -1254- $1818 l x 8 1 8 o 10/8/2013 1 6.A.10 I Sa g $ mi x I° ° w nw a l w l jw „ ig -i - 1v, a w1n » a w I 1 j _ 1 wI w 11 l I . _ : w 1 1 Z} • 2 8 8 8 - 2 8 8 a - 8 E 8 a _ s _. ° 6 m - < a m m p g . p www « w w w w w „ w w w w w w « w w w . « w « « w w w w w www « w w « w « www w. w a ° ° o p '8 8 g o 8 8 0 818 8 8 8 g ET $ EEER m « J, g g 81N s 1 , < . 6 w - mm « « � mgi _ „ s =! 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I _ I-I � ry 1 I 1 i N � I N 1 ; f NIN T.'s N s!s 5iulala1 0,Q s Q ,_,, ,,i,�ui N v,N 6a;6 LL N Z J u1 I1 f-.- J 1 , : III 1 i1 i I 0 1 E R p 21 II I E P' l E I ! w _i” = U r 1 ! `o ° E 31 N I 1 `' m I E 1 9 m c E .m m 1� F E 1 al d I � °-' › o fl_ __ n Fl I�. � 9 ala ° 4I I E = F W N I ° m r n E o E E e N 6a °w O ° L P 2 ' . N r ° 2 d l I 7 U' m ry m E - = ELL e 1 T I 7 m U c :m n •w h h = G y1 -7c3- u- ° . E E : i ° I ° t = °a a . ' vI€ n Y 1 ,5 ` o .$ I iu E - 0N EA m o 1. i WoEll 7 h N NN;s!N IUU ' W ;WE' W m ,U ]o p N > 7 N Q. N '- .�-T- _ � 1 1 i 1 I 1 1 1 I 1 1 w m �1 � M � s � � m � 1 ; Packet Page -1255- i l l 1 10/8/2013 16.A.10. Cost Estimate Collier County Stormwater Management Section LASIP 19B The Prices On This Form Include The Work As Specified Herein I + ITEM NO. DESCRIPTION I --U/M --I EST QTY.1--UNI7 PRICE"' I_— AMOUNT —7--77-7,-77-----.777-77,77-7,77777. --'77"-----7-77777.. 1 ---...III General - 1 Mobilizatiorl/Demobllization r LS 1 $46,701.14 $46,701.14 2 Construction StakeoWAs-Builts ° LS 1 $5.000.00 $5,000.00 3 Maintenance of Traffic LS 1 $3,500.00 $3,500.00 4 Provide/Maintain As-Built Plans LS 1 $5,000.00 $5,000.00 5 Provide Construction Survyeing and Layout LS 1 $5,000.00 $5,000.00 6 Provide/Maintain Project Schedule LS 1 $2,500.00 $2,500.00 7 Utility Conflict Allowance(As Authorized by County) LS 1 $25,000.00 $25,000.00 8 Supplemental Potholing(As Authorized by County)(20 Potholes) LS 1 $8.000.00 $8,000.00 Survey: SUBTOTAL(Sum of Items 2-8) $54,000.00 __ Site Preparation _ - - ---- -— - _ 9 Silt Fence LF 1,215--- $2.50 $3,037.50 10 Floating Turbidity Barrier LF 176 $15.42 $2,713.92 11 Soil Tracking Prevention Device EA 1 $5,000.00 $5,000.00 12 Tree Protection Barricade EA 4 $205.00 $820.00 13 Tree Removal ° EA 2 $225.00 $450.00 14 Crown Pointe Headwall Removal LS 1 $15,990.00 $15.990.00 15 Clearing and Grubbing/Demolition"e AC 1 $9,400.00 $9,400.00 16 Erosion Prevention Control and Monitoring 'd LS 1 $10,000.00 $10,000.00 ___ - - -- --- Site Preparation: SUBTOTAL(Sum of Items 4-11) $47,411.42 'Earthwork - '-' 17 Miscellaneous Site Grading.7 --_---- ------�AC 1 $7,000.00 ---_�--_�- $7,000.00 18 Ditch Fine Grading LF 515 $15.00 $7,725.00 19 Ditch Excavation CV 1,215 $35.00 $42,525.00 Earthwork: SUBTOTAL(Sum of Items 12.14) $57,250.00 Landscape r' - __ 20 Hedges"° LF 80 $50.00 $4,000.00 21 Bahia Sod(Per FDOT Standards)' SY 1,720 $5.00 $8,600.00 Landscape 8,Irrigation: SUBTOTAL(Sum of Items 15-16) ______ — $12,600.00 22 Haldeman Creek Weir Structure LS 1 $66,000.00 $66,000.00 23 Crown Pointe Weir Structure LS 1 $26,000.00 $26,000.00 24 Endwall LS 2 $23.000.00 $46,000.00 25 12"Mitered End Section EA 1 $1,200.00 $1,200.00 26 3'x 3'Sluice Gate EA 1 $7,500.00 $7,500.00 27 5'x 5'Sluice Gate EA 3 $14,000.00 $42,000.00 28 72"Corugated Metal Pipe LF 40 $125.00 $5,000.00 Storm Drainage: SUBTOTAL(Sum of items 17-22) $193,700.00 Utilities '2 ., ‘,...:22:,,, �` 1 29 Utilities Relocation[(2)6"PVC Pipes] r LS 1 I 510,000.00 $10,000 00 Utilities: SUBTOTAL(Item 23) $10,000.00 Site'improvements'7- ' ------ --- 30 Rip-Rap Stabilization(Rubble Rip-Rap) TN 486 $110.00 $53,460.00 31 Aluminum Handrail LF 240 $150.00 $36,000.00 32 4'Chainlink Fence LF 70 $37.00 $2,590.00 Site Improvements: SUBTOTAL(Sum of items 24-26) $92,050.00 SUBTOTAL BASE BID PRICE:(Sum of Items 2-26) - $467,011.42 33 CONTINGENCIES(10%) LS 1 1 10.00% $46,701.14 TOTAL BID PRICE(SUBTOTAL OF BID PRICE+ITEM 1): $560,413.70 TOTAL BID PRICE WRITTEN IN WORDS: Packet Page -1256- 10/8/2013 16.A.10. ' Unit Prices are used as a means of computing the final figures for bid and Contract purposes,for periodic payments for work performed,for determining value of additions or deletions and wherever else reasonable. .2 Payment shall be made on the basis of work actually performed completing each item in the Contract Proposal,such work including,but not limited to,furnishing of all necessary labor,materials,equipment,transportation,cleanup,and all other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. Payment for each item includes compensation for cleanup and restorations. Cleanup and surface restorations(including,but not limited to,lawn restoration and pavement replacement)will be considered as ten percent(10%) of each pay item and complete payment will not be maid until cleanup,restorations and record drawings are completed. Measurement and payment for mobilization,demobilization and survey shall include full compensation for the required 100%Performance Bond,100%Payment Bond,all required insurance for the project,all surveying,including project layout,establishing control points,certified As-Builts and Contractor's mobilization and demobilization costs,including the movement of personnel,equipment supplies and incidentals to and from the project site and for the establishment of temporary offices,buildings,safety equipment,first aid supplies,sanitary and other facilities. In addition,all miscellaneous cleanup work will be paid under the demobilization bid item and will include rubbish and spoil removal and other existing items disturbed during construction. Payment for mobilization,demobilization and survey shall not exceed 10%of the total Contract cost unless the Contractor can prove to the County's Representative that his actual mobilization, demobilization and survey costs exceeds 10%. Ten percent(10%)of mobilization payment shall be withheld until all shop drawings have been approved by the Engineer. ` Erosion Prevention Control and Monitoring includes all silt fence,floating turbidity barrier,hay bailes and tree protection barricades,sheet piles,pumps,etc. associated with all the required monitoring and ongoing dust abatement as required by the SFWMD permit. Hay Bales shall be replace every 3 months or as needed,whichever comes first. Erosion Prevention Control and Monitoring Item shall represent full compensation for labor,materials and equipment required to complete this Bid Item as well as the maintenance and eventual removal and cleanup as required by the Contract Drawings and approved permits.Includes NOI permit and all cost associated with permitting,monitoring,submittal of records,etc for Dewatering. -6 Tree Removal and disposal shall be consistent with all Collier County Tree Ordinances. -8 Includes clearing and grubbing of the site as well as removal of storm pipes,fence and rip-rap.Clearing and grubbing shall represent fully compensation for all labor,materials and equipment required to complete this Bid Item. *2 Payment for all work included in this Bid Item shall represent full compensation for all labor,materials,excavation,including rock,dewatering,site finish grading, compaction,testing and equipment required to complete this Bid Item. Miscellaneous Site Grading includes all grading not directly associated with other specific improvements. -8 Payment for all work included in this Bid Item shall represent full compensation for all labor,materials,fertilizer,topsoil,watering/irrigation,excavation,including rock,sheeting and bracing,bedding,providing fill material as needed,site finish grading,backfill,compaction,installation,maintenance/unkeep through engineer/owner approval,and equipment required to complete this Bid Item. For furnishing and installing the listed species,size,and style of plant,mulch or sod and irrigation system shown on the Contract Drawings and listed in the Bid Form. Payment for all work included in Storm Drainage shall represent full compensation for all labor,materials,excavation,including rock,dewatering,site finish grading,compaction,installation,disposal of unsuitable or wasted material,sheeting and bracing,bedding,providing fill material as needed,backfilling compaction,repairing any damage to existing or proposed utility lines,and equipment required to complete this Bid Item. -'0 Payment for all work included under Utilities shall be made at the Contract Lump Sum price for all work in place as shown in the Contract Drawings and listed in the Bid Form and shall represent full compensation for all labor,materials,excavation,including rock,disposal of unsuitable or wasted material,dewatering, sheeting and bracing,providing fill material as needed site finish,grading,backfill,compaction,installation,bedding,repairing any damage to existing or proposed utility lines,testing,final certification and equipment required to complete the Bid Item. Payment will include furnish and installing all pipe,valves and boxes, fittings,meters,sleeves/saddles and detectable wire as well as restoration of any plants,trees and sod damaged in the installation. Packet Page-1257- 10/8/2013 16.A.10. Inc.ATKINS North Atkins oo America, 1514 Broadway,Suite 203 Ft. Myers,Florida 33901-3015 Telephone:+1.239.334.7275 Fax:+1.239.334.7277 www.atkinsglobal.com/northamerica September 27, 2013 R. Shane Cox, P.E., Senior Project Manager Roadway Stormwater and Bridge Section Collier County Government 2885 South Horseshoe Road Naples,FL 34104 RE: 13-3169 LASIP 19B Haldeman Creek and Crown Pointe Weir Bid Recommendation Dear Mr. Cox, Per County direction we have revised the engineer's estimate of probable cost for LASIP 19B. We reanalyzed the estimate based on the current one-month old FDOT cost estimates, as well as recent bids on other local projects within the area. During the re-evaluation,we have determined that the costs of concrete in particular,have increased significantly from when the original engineer's estimate of probable cost was created. Adjusting the probable cost with respect to the current bid trends,the revised cost with contingencies totaled $560,413.70. x . Based on the above mentioned details, and our review of the submitted bids,Atkins recommends the award to Kelly Brothers, Inc. for$530,551.50. Please feel free to contact me if you have any questions. Sincerely, Michael Ryan, PE, PMP Senior Project Manager CC: File Packet Page-1258- 10/8/2013 16.A.10. Coter Co Virity AdministraliVe Services.Division Purthas ng GRANT FUNDED FEMA#1785-27-R LASIP 19B Haldeman Creek& Crown Pointe Weirs COLLIER COUNTY BID NO. 13-6139 COLLIER COUNTY, FLORIDA Millie Kaseeska, Procurement Strategist Email: milliekaseeska @colliergov.net Telephone: (239) 252- 8935 FAX: (239) 252 -6756 Design Professional: Nathan West, P.E. w^� Rinc haa g Deportment•3327 Tamiana Trail East•Napes,Florida 34112-001 www.coliergbv netipurchasing 1 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1259- 10/8/2013 16.A.10. Cler Covaity Email: MllieKaseeska @colliergov.net Y . .:_ Telephone: (239) 252-8935 Administrative Services C1vision FAX: (239)252-6756 ?ur ��ing ADDENDUM #2 Memorandum Date: August 2, 2013 From: Millie Kaseeska, Procurement Strategist To: Interested Proposers Subject: Addendum#3—13-6139 LASIP 198 Haldeman Creek& Crown Pointe The following change is issued as an addendum to subject solicitation CHANGE: Correct bid schedulel is attached. Changes size on Item #27 Each firm must acknowledge receipt of this addendum by signing below and returning this addendum as part of their response to this proposal. If this addendum is not returned your firm may be considered non responsive. Name : 1 �C'�S -6rVV Signature .JZ.. ' ; 1/1' 144"-\---Date: \S),:;),) I If you have questions, please post them on the ebidding website, www.collierciov.net/bid or contact me at the above contact information. Very Respectfully, Millie Kaseeska Procurement Strategist CC: Margaret Bishop, P.E. Senior Project Manager 1 Packet Page -1260- 10/8/2013 16.A.10. C ler County Email: MillieKaseeska @colliergov.net Telephone: (239) 252-8935 Admin trative Services Dvision FAX: (239) 252-6756 r-'urhasinq ADDENDUM #2 Memorandum Date: August 2, 2013 From: Millie Kaseeska, Procurement Strategist To: Interested Proposers Subject: Addendum#2—13-6139 LASIP 198 Haldeman Creek&Crown Pointe The following change is issued as an addendum to subject solicitation CHANGE: Correct bid schedule is attached bid now due 2:30 PM Local time August 8,2013 Each firm must acknowledge receipt of this addendum by signing below and returning this addendum as part of their response to this proposal. If this addendum is not returned your firm may be considered non responsive. Name : ViNr■-c;\K-er, �tv—Y, f Signature: ✓�°F11t..�,lrf If you have questions, please post them on the ebidding website, www.collieroov.net/bid or contact me at the above contact information. Very Respectfully, Millie Kaseeska Procurement Strategist CC: Margaret Bishop, P.E. Senior Project Manager 1 Packet Page-1261- 10/8/2013 16.A.10. Co Cler Covrnty Email: MIlieKaseeska @colliergov.net Telephone: (239) 252-8935 Administrative Services Division FAX: (239)252-6756 7,ur:hasing ADDENDUM #1 Memorandum Date: July 11, 2013 From: Millie Kaseeska, Procurement Strategist To: Interested Proposers Subject: Addendum #1 —13-6139 LASIP 19B Haldeman Creek&Crown Pointe The following change is issued as an addendum to subject solicitation CHANGE: The bid schedule does not require signature. Each firm must acknowledge receipt of this addendum by signing below and returning this addendum as part of their response to this proposal. If this addendum is not returned your firm may be considered non responsive. • t J r� 1 Name : �r- ,Ser���C�+r-n E.-f Signature:711�.1,�1. ��+'L-h��`i%1�ti�..—•1-- Date: cq G If you have questions, please post them on the ebidding website,www.collierbov.net/bid or contact me at the above contact information. Very Respectfully, Millie Kaseeska Procurement Strategist CC: Margaret Bishop, P.E. Senior Project Manager 1 Packet Page-1262- 10/8/2013 16.A.10. TABLE OF CONTENTS PUBLIC NOTICE 3 PART B-INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 13 BID SCHEDULE 14 MATERIAL MANUFACTURERS 15 LIST OF MAJOR SUBCONTRACTORS 16 STATEMENT OF EXPERIENCE OF BIDDER 17 TRENCH SAFETY ACT 18 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 19 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 20 BID BOND 24 BIDDERS CHECK LIST 26 CONSTRUCTION AGREEMENT 27 EXHIBIT A 1: PUBLIC PAYMENT BOND 34 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 37 EXHIBIT B: INSURANCE REQUIREMENTS 40 INSURANCE AND BONDING REQUIREMENTS 42 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 44 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 45 EXHIBIT E: CHANGE ORDER 49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 50 EXHIBIT G: FINAL PAYMENT CHECKLIST 52 EXHIBIT H: GENERAL TERMS AND CONDITIONS 54 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 87 EXHIBIT J: TECHNICAL SPECIFICATIONS 88 EXHIBIT K: PERMITS 89 EXHIBIT L: STANDARD DETAILS 90 EXHIBIT M: PLANS AND SPECIFICATIONS 91 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 92 2 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1263- 10/8/2013 16.A.10. Ct ier County Admiristative Services sDivision Purchasing. PUBLIC NOTICE INVITATION TO BID LASIP 19B Haldeman Creek & Crown Pointe Weirs COUNTY BID NO. 13-6139 Separate sealed bids for the construction of replacement of existing Crown Pointe Weir and installation of a new weir that discharges to the Haldeman Creek Basin, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 12:00 P.M. LOCAL TIME, on the 5th day of August, 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. There will be no pre-bid conference any questions for this project must be posted to the Collier County ebidding website at www.colliergov.net/bid. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County , Government, Collier County, LASIP 19B Haldeman Creek & Crown Pointe Weirs, Bid No. 13-6139 and Bid Date of "0810512013". 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 cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. 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 3 ITS 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1264- 10/8/2013 16.A.10. State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within two hundred and ten (210) 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 3rd day of July 2013. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: !s! Joanne Markiewicz Interim Purchasing and General Services Director 4 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs' Packet Page -1265- 10/8/2013 16.A.10. PART B-INSTRUCTIONS TO BIDDERS 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 13 — 26 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 Aigeoc 5 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1266- 10/8/2013 16.A.10. enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 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 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1267- 10/8/2013 16.A.10. 4.2 Bids submitted by a corporation must be executed in the corporate name by the a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 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. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 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. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. 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 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7 ITS 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1268- 10/8/2013 16.A.10. 7.2 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. Section 8. Examination of Site and Contract Documents, 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 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 9. 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 10. Bid Quantities 10.1 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 8 ITS 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1269- 10/8/2013 16.A.10. conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the • Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http://www.colliergov.net/Index.aspx?page=762. 9 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1270- 10/8/2013 16.A.10. 11.4 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. 11.4 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 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 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 13.2 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 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 10 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1271- 10/8/2013 16.A.10. 14.2 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. 14.3 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. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified.period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP,. and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 11 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1272- 10/8/2013 16.A.10. Section 17. 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." 12 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1273- 10/8/2013 16.A.10. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LASIP 198 Haldeman Creek&Crown Pointe Weirs BID NO. 13-3169 Full Name of Bidder Kelly Brothers, Inc. Main Business Address 15775 Pine Ridge Rd. Fort Myers, FL 33908 Place of Business 15775 Pine Ridge Rd. Fort Myers, FL 33908 Telephone No, 239/482-7300 Fax No.239/482-8014 State Contractor's License#CGC1519780 State of Florida Certificate of Authority Document Number656515 Federal Tax Identification Number 59-2069592 DUNS# 085714871 CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person,firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 13 Week ITB 13-6139 LASIP 198 Haldeman Creek &Crown Pointe Weirs Packet Page-1274- 10/8/2013 16.A.10. BID SCHEDULE LASIP 19B Haldeman Creek & Crown Pointe Weirs Bid No, 13-3169 Bid Schedule Provided in Separate File www.colliergov.netibid 14 ITS 13-6139 LASIP 1913 Heideman Creek &Crown Pointe Weirs Packet Page-1275- 10/8/2013 16.A.10. 1 il '8888888821 88888888 41 '888 1888 888888'8'8 » 851 8888 5 I °EEFIEE8WE 3X . 3W WW Ws 3 s RAZE REEg3 $ 1 1 ; i I I-" Im • I 1 I 1 I ` I I I I I I I 1 �I I I 1 1 » » »I I» I» »1»1» »I» » » ( » »i» I» I»I» »I ' » » I» » » » 8 18 8'8 8 8 8 8 8 I 8 818 8 8 1 8 1 8 8 1 j 1 8 8 1 8 1 8 8 18 8 8 8 1 8 8 8 18 8 8 8 g .. 1 E E M E 3 E E E 1» R E D » .` 8 3 8 3 3 3 3 ' 2 » 1 8 8 8 8 8 8 1 8 8 1 8 8 8 8 8 8 8 8 ' '8 8 8 1• 8 8 " 8 8 8 8 8 2 8 ^ 18 4r 2 8 8 5 4 nG ^1E � `E; 8 83 F.1, 1� Vi i F ak I§ ^ F. Ek E.- = is . 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' 1 r l r `o .. 1 I I w d 9 ' I I8EI AiI I e I A y o P 1 g 3 2' I - ,121 `1.1� 1 i 01 =i a 1 - Q = ( 1w 5 .i m � Q 1 of ' g a E G1' m E5-1 yy % '' F' W rv' o O w I a t i S ; 4 I 6 rc a g ,I '° a `,' g gI: Iw 5 k .21 I !1,, , . - g g ° , ; 6 51,. I q "'a E a 21 . E S o i N.6 13 .2 " a `'1 ..5.1+3+. _ c .. 3 2 11 ' 9 e w 81 m P! : i0,1 " ' 8 e t w g g t c¢'i m ill c c , 2' p f j f G e. q 3 i o 1 9 Sa s ` I$m i '1- P E 1 „ c gv IE E _ nj6 l t I; fuuui " » 8'n LL9i g 1.1a• w,slm �I,»i gF Nr ."� g > >1YAQ 1 I i l 1 I I ; g i i I I � I { I ten . " " ^ " m � n < " � i � � 1 1� M � � � � 1 nn w 1 t 1 1 1 I 1 1 1 11 11 I I 11 1 i ai8. Er Packet Page -1276- 10/8/2013 16.A.10. A >>>>>>->-z>->->-z z>->-> c 6 gg S� Cy a}6 ° m'fiii pEQ ��`1 Fy € €LL m mkc'g`k`X A 1 � �3 s g c gE rc of $C Packet Page -1277- 10/8/2013 16.A.10. BID FORM Coiner County StormMrater Management Section LASIP 19B The Prices On This Form Include The Work Al Specified Herein -" flEM Ntr. '6,i4i TION r.,;t •:.' r• `Vial f ," E8T 4T,V'. :`tR4iT PR{C 4MOUNTI'" .... k" _ _ ...., wo lTr. I �.YV"34 k 1 MoblIRebon/DarnobllizatIon' LS 1 339,25659 539.256,59 2 Construction Slakeout/AS.Bules'n LS 1 12.554.85 52,554.65 3 Malmenana of Traffic LS 1 $2.142.21 52.14221 4 Provide/Maintain As-Built Plans LS 1 31487.84 11,467.94 5 Provide ConatruetGn Survyein9 and Layout LS 1 $1286.00 31.296.00 B Provide/Maintain Project Schedule LS 1 5797.03 3797.03 7 Utility Conflict Allowance(As Authorized by County) LS 1 526,000.00 025,000.00 ,. B Supplemental Potholing(As Authorized by County)(20 Potholes) LS I 1 $8,000.00 $8,000.00 B Sit Fence LF I 1215 52.32 52,818.80 10 Floating Turbidity Barrier LF 176 512.50 52,200.00 11 SON Tracking Prevent0n Device FA 1 32,376.00 32,376.00 12 Tree Protection Barricade FA 4 3187.84 3751.36 13 Tree Removal ti EA 2 $540.00 51,080.00 14 Crown Pointe Headwall Removal L6 1 $13,887.51 313,967.51 18 Clearing and Grubbing t Demolition.8 AC 1 58,83027 36,830.27 16 Erosion Prevention Control and Monitoring "4 LS 1 38,855.622 58,855.82 t :8ae'Pmps,Yen:SUBTOTAL(lun.8 t n 9.161 ' - '' :i� '� !;336,378;79 W^-o'nW--"-1l lerlt n'+7.7..".y ......- .,:iir.. l"*_^"I 1 LF ,-u j. 1ZI. ' 9 r 1 :i' ... .t„'jIi.fu 17 MIsceeanean Site Grading.7 AC 1 .. 15,150.37 $8,150.37 18 Ditch Fine Gradbg LF 515 $9.92 55,108.80 19 Ditch Excavation(Assume all Excavation to be Rock) 1 CY 1,215 556.09 $85,149.36 .:;:Earthwork:SUBTOTAL:ISM::orltams 171943 ::';i ;° li. ".1' 578.406.52 inf469k. 'ra �;gle4 9 IiiY g _ _ mrt�-^ .'° .:. 3®1 20 Hedges(Replacement Crowne Pant Weir and HeadwaN).71-�W,W IF 80 r__ 54.5.00 93.600.00 21 Bahia Sod/Per FDOT Standards)1 SY 1,720 I 1225 53,870.00 Landscape&Irrigation•SUBTOTAL(Sum eFleera-20 21) 47,478.00 %"3 r �l ?,.11,�.ral$f1ivji'R- ifi:l(I ram; 7 �'�� �'r�ri l'hrs„ ll('I.(' 'U':i p li�;l-( R IrnF 22 Haldeman Creak Web Structure LS 1 $72,424.15 372,424.15 23 Crown Pointe Web Structure LS 1 $38,077.32 538,077.32 24 Enteral LS 2 $46,043.07 $92,088.14 25 12”Mitered End Section EA 1 $432.00 5432.00 26 3'x 3'Skrlce Sete EA 1 99.720.00 $9,720.00 27 6'x 3'Sluice Gate EA 3 114,000.00 $42,000.00 28 72"Congeted Metal Pipe LF 40 I 1135.00 $5,400.00 clan:Dratnegel 3438TOTAL f5Unatttems2221 '..::. " -. :: '; i298179iA1 29 _ Utilities Relocation 1(2)8'PVC Pipes] r FLS[. , ,1 36,000.00 $6,000.00• 118011 SUBTOTAL(nets 29( ! 55 000.60 ...„„_—_ ,- +.BBfe Lg 1; - 1'L_,- " +G i1 _ 1ij : 1 30 I Rip-Rap Slabizatron(Rubble Rio-Rap) TN 466 1 $58 00 128,188.00 31 Aluminum Handrail IF 240 5110.00 126,400.00 32 4'Chainfnk Fence LF 70 $86.00 34,550.00 She Improvements:-SUBTOTAL ISian en item 30.321 "' 359:1 pp ....:..... _,.SUBTOTAL':'BASEIRD RICE:(Suln•ot' 1 bane 1421 " . . #: :'1553lt560t59 I,. , �iIkN( 1,k){ F9 !if. ; 9 = II Ir 054.h TOTAL BID PRJCE W WT E 1 Oil WORDS: five Hundred 711MN Thousand. Five:Hrwxdieai'RM DMMrsand 51/100 : THIS BID IS SUBMITTED BY AND ON BEHALF OF: Company FEI Number:59-2069592 Company: Kelly Workers,Inc. Street Address: 15775 Pine Ridge Rd CNylSlaelZip:Pon Myers,FL 33903 BY:Darcy Kelly-President Auelorued Signature PRINTED NAME Danny-KaNy TITLE President PHONE NUMBER: 239/432-7300 FAX NUMBER: 2391482-8014 : EMAIL ADDRESS: motein(p55keros.net Packet Page -1278- 10/8/2013 16.A.10. y Unit Prices are used as a means of computing the final figures for bid and Contract purposes,for periodic payments for work performed,for determning value of additions or deletions and wherever else reasonable. Payment shall be made on the basis of work actually performed completing each item in the Contract Proposal,such work including,but not limited to, furnishing of all necessary labor,materials,equipment,transportation,cleanup,end all other appurtenances to complete the construction and Installation of the work to the configuration and extent as shown on the drawings and described in the specifications. Payment for each Item Includes compensation for cleanup and restorations. Cleanup and suite*restorations(inducting,but not limited to,lawn restoration and pavement replacement)wit be considered as ten percent (10%)of each pay Item and complete payment will not be maid until cleanup,restorations and record drawings are completed. Measurement and payment for mobilization,demobilization and survey shall include full compensation for the required 100%Performance Bond,100% • Payment Bond,all required insurance for the project,all surveying,including project layout,establishing control points,certified As-Builts and Contractor's mobilization and demobilization costs,including the movement of personnel,equipment supplies and incidentals 10 end from the project site and for the establishment of temporary ofeces,buildings,safety equipment,first aid supplies,sanitary and other facilities, In addition,all mscellanadus cleanup work will be paid under the demobilization bid Item and will include rubbish and spoil remove)and other existing Items disturbed during construction. Payment for mobilization,demobilization end survey shall not exceed 10%of the total Contract cost unless the Contractor can prove to the County's Representative that his actual mobilization,demobilization and survey costs exceeds 10%. Ten percent(10%)of mobilization payment shell be withheld until all shop drawings have been approved by the Engineer. ,4 Erosion Prevention Control and Morrtonng includes all sill fence,floating turbidity barrier,hay bailes and tree protection barricades,sheet piles,pumps,etc. • associated with all the required monitoring and ongoing dust abatement as required by the SFWMD permit, May Bales shall be replace every 3 months or as needed,whichever comes first. Erosion Prevention Control and Monitoring Item shall represent full compensation for labor,materials and equipment required to complete this Bid Item as well as the maintenance and eventual removal and cleanup as required by the Contract Drawings and approved permits.Includes NOI permit and all cost associated with permitting,monitoring,submittal of records,etc for Dewaterirtg. ' Tree Removal and disposal shall be consistent with all Collier County Tree Ordinances. ' includes clearing and grubbing of the site as well as removal of storm pipes,fence and rip-rap.Clearing and grubbing shall represent fully compensation for all labor,materials and equipment required to complete this Bid Item. ▪Payment nor all work included in this Bid Item shall represent full compensation for all labor,materials,excavation,Including rods,dewatering,site finish grading,compaction,testing and equipment required to complete this Bid Item. Miscellaneous Silo Grading Includes all grading not directly associated with other specific improvements. ' Payment for all work included In this Bid Item shall represent full compensation for all labor,materials,fertilizer,topsoil,watering/irrigation,excavation, including rock,sheeting and bracing,bedding,providing fill materiel as needed,site finish grading,backlit',compaction,installation,mairtenence/unkeep through engineer/owner approval,and equipment required to complete this Bid Item. For furnishing and installing the listed species,size,and style of plant, mulch or sod and Irrigation system shown on the Contract Drawings and listed In the Bid Form. Payment for all work included in Storm Drainage shall represent full compensation for alt labor,materials,excavation,including rock,de•atenng,site finch grading,compaction,installation,disposal of unsuitable or wasted material,sheeting and!racing,bedding,providing fill material as needed,badtfllll g compaction,repairing any damage to existing or proposed utility lines,and equipment required to complete this Bid Item. "0 Payment for all work included under Utilities shall be made at the Contract Lump Sum puce for all work in place as shown in the Contract Drawings and listed in the Bld Form and shall represent full compensation for all labor,materials,excavation,including rock,disposal of unsuitable or wasted material,dewatering, sheeting and bracing,providing fill material as needed site finish,grading,bac kfib,compaction,installation,bedding,repairing any damage to existing or proposed utility lines,testing,final certification and equipment required to complete the Bid Item. Payment will include furnish and installing all pipe,valves and boxes,fittings,meters,sleeves/saddles and detectable wire as well as restoration of any plants,trees and sod damaged in the installation. Packet Page-1279- 10/8/2013 16.A.10. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: K there, Inc. Signatu Date: 08108/13 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. N/A-See Section A N/A-See Section A 2. 3. 4. 5. Please insert additional pages as necessary. Company: Kelly Brothers, Inc. Signature: N/A-See Section A Date: 08/08/13 15 ITS 13-8139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1280- 10/8/2013 16.A.10. UST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work. _ Subcontractor and Address 1. Electrical N/A-Kelly Brothers, Inc.will self perform all work. 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Kel roth rs, Inc. Signature: V �/ Date: 08/08113 16 ITB 13-6139 LASIP 198 Haldeman Creek &Crown Pointe Weirs • Packet Page-1281- 10/8/2013 16.A.10. STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. CR 951 Structure(Weir)Naples, FL Nick Kretis 561/686-8800 2. Vince Barraco Mediterra Retaining Wall Bonita Springs, FL 239/495-100 3. Southseas Club Dock&Seawall Marco Island, FL Chris Hubert 239/394-7156 Scott Loiacano Mullock Creek Weir Replacement Fort Myers, FL 239/481-5000 5. Briarcliff Marsh Weir-Riprap Fort Myers, FL Wright Construction Group 239/481-5000 6. Tropical Isles Seawall &Dock Richard Plawecki Improvements Marco Island, FL 239/389-6789 Company: Kell errs, Inc. Signature: tc,, -�"' j Date: 08/08/13 17 ITB 13-6139 L ASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1282- 10/8/2013 16.A.10. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) fLF,SY) 1. Sheet Pile SF 2,000 $2.50 $5,000.00 2. 3. 4. 5. TOTAL $5.000.00 Failure to complete the above may result in the Bid being declared non-responsive. Company: Ke - : •i,ers, Inc. Signature: l '�� . Date. 08108113 18 ITS 13-6139 LASIP 188 Haldeman Creek &Crown Pointe Weirs Packet Page -1283- 10/8/2013 16.A.10. Co er- Coutpay :kr nistrative Services Dvisirn 7V:basing Immigration Law Affidavit Certification Solicitation: 134169 This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's) and Request for Proposals(REP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidders proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Vertfy Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 6 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act('INA'). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Kelly Brothers, Inc. : ::, Print Name Din rv.Kelly Title President Signature . ) ;:a.,..!''' /' ,,,// Date 08/08/13 State of Florida County of Lee The foregoing instrument was signed and acknowledged before me this 8th day of August , 20 13 ,by Danny Kelly who has produced Personally Known To Me as identification. rinttr�Typ ame) (Type of Identification and Number) otary Public Signature \r'vc-A-e4-1\i'l)0 Y'-'n e,r— . Printed Name of Notary Public Notary Public Slate of Florida fs°4 11 Kristen Warner Notary Commission Number/Expiration ` My Commission EE 194884 ry P 0,,or Expires 03129/2019 The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 19 1TH 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1284- 10/8/2013 16.A.10. \Jr -" ti/V VFi FV' A-drrolstrativeSprvImsCMston 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(provide all information) Taxpayer Name Kelly Brothers, Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 15775 Pine Ridge Rd. City Fort Myers State FL Zip 33908 Telephone 239/482-7300 FAX 239/482-8014 Email moreinfo@kellybros.net Order Information Remit I Payment Information Address 15775 Pine Ridge Rd. Address 15775 Pine Ridge Rd. City Fort Myers State FL Zip 33908 City Fort Myers State FL Zip 33908 FAX 239/482-8014 FAX 239/482-8014 Email moreinfo©kellybros.net Email moreinfo@kellybros.net 2. Company Status (check only one) _Individual/Sole Proprietor X Corporation Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liabiilty Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disreganied Entity, C=Corporation, P=Partnership) 3. Taxpayer identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 59-2069592 (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: p na/ties of perjury,I certify that t info a' n shown on this form is correct to my knowledge. Signature g "' 'r ' Date 08/08/13 �' Title Danny Kelly-President Phone Number 239/482-7300 20 IT813-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1285- 10/8/2013 16.A.10. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred eighty (180) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Lee Danny Kelly , 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. Danny Kelly , 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. 21 ITB 13-6139 LASIP 199 Haldeman Creek &Crown Pointe Weirs Packet Page-1286- 10/8/2013 16.A.10. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of Kelly Brothers, Inc. , and the full names of its officers are as follows: President Danny Kelly Secretary Danny Kelly Treasurer Danny Kelly Manager Dane Kelly The President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 08/12/1991 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: N/A N/A The co-partnership does business under the legal name of: N/A (c) Individual The Bidder is an individual whose full name is N/A , and if operating under a trade name, said trade name is N/A 22 'TB 13-6139 LASIP 195 Haldeman Creek &Crown Pointe Weirs Packet Page-1287- 10/8/2013 16.A.10. Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED 08/08/13 Kelly Brothers, Inc. ,, Legal entity — ' --- BY: Dan Ily . e 01 Bidder(Typed) ,� elf _ • 9itness ' ature President Title STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this 8th day of August , 2013 , by Danny Kelly as President of Kelly Brothers. Inc. , a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced Personally Known To Me as identification and did (did not) take an oath. My Commission Expires: :�,2, •�. (Signature of Notary) NAME: ‘S\`l`/)-,,AJCt�'4 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: „ . -.a;oStateofFlorida •� Kristen Warner My Commission EE 18488• a,or Expires 03129/2018 23 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1288- 10/8/2013 16.A.10. BID BOND Kelly Brothers,Inc. KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and U.S.Specialty Insurance Company • (herein called the Surety), a corporation chartered and existing underrnthe laws of the State of Texas with its principal offices in the city of Houst and authorized to do business in the State of Florida are held and • firmly bound unto the Collier County • (hereinafter called the Owner), in the full and 5o%ojust sum of Five Percent(5%)of Amount Bid----- --_—._..___.._— dollars ($ good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as LASIP 19B Haldeman Creek&Crown Pointe Weirs Bid No. 13. :- NOW. THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required r e�drat �Pofinsurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $Am, tyid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof,the Principal and have caused these presents to be duly signed and sealed this 5th day of August 24 ITB 13-9139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1289- • 10/8/2013 16.A.10. • • KE B THERS,INC. Principal BY y' . ' (Seal) • (irIrm\ U` or �',reSit �,n If U.S.Specialty-ITlsurance . „gar,y"-" Surety r /// - (Seal) C�__� Ring = rney-In-Fact Countersigne• � / e •y Hingson, orida 'esident ••:nt(239)275-8226 Local Resident Producing Age• for Valenti,Trobec&Woody 4110 Center Point Drive,Suite 215,Fort Myers,Florida 33916 i 25 ITt3 13.6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1290- 7 • . _ ____ -•-"I- - :=7.... = —.—.-.',..7=....-._.-r'.'',_=-7...._..-,..__..v_.r■„-•:-,=..=.-.-=_-.-,7..4.-.E-..4 -_••.=_-_-•.'—••'.'77,_.-.--.,--..-......,-.=".........,...■-Ie--7•s-/—._,....,..1.,.,—•,----,'.••.--•-•••--- -=--'-''---_'.=M--S-,.-.-.------r=...F---_■—,=-_.,,_-.T.._:-,.=_■i,-..-.-7-='.---'-7----:7.=-7-.1 .—.,-=_,-=--_==-,_---=,,=-=, ----='-7=.--.-- il ,4r1..,■;' 1 i'F 1 1 I,1.L 4g 10 '/===8/207 771,-73-■..'-.. 1 6.A:' .1 0. I i 4 I L POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY US.SPECIALTY INSURANCE COMPANY • KNOVLAJLIMisi BY THESE P' SE,'' S: Ari4lIcan Contractors Insle_yru OnmartiCalifomia corporation -v.E.Inittt4FEL. : • -.-_ _.,...., _ --=7,ZWEeWaiait&'” a Maryland i to r._,1.1. .i: :1- ICI,(iSpecialty Inset ..._‘?arare--- -&---Texas corporatiotelyW_.::-.,i - these presetik '7 'licO' r i ' *. iiitipuint: ,411:1.---=-''.-:: ---__--1..--1.f.7d-. — --_ ,.. ..... =■... .--..... ---- ---- -.. ..7.= .-.1".. ..-. - -- Wendy Hingson of Fort Myers,Florida 0 its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority ....___herebonfertirEin its name,place and stead, m At - leacknowledge and rdelimer a 1 d ", nds,recognizatusts,AndevOije -. -- -,,-- or ill/MItattents or contra itiref3IVNT_WW,Jude riders, aiileildHOinfi 11.0.n' • ii„'tits of surety Ate' litg*--1---7---. 7.------1 -L--zpelialWdelisatxceed n_ ==' 1:' "--rir,*-Men Million**tr-,611 i III J'1 Ii! II .,I,i il . I Ik Dollars ( =-._ =-- 'IWI-I- is Powv.r-OT Attorney shall exisit:et*itifvout he-r-action on December 081;k201 ,.''Tiu.s'Power' of Attorney is gfirrial wider and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be It Resoh'ed,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power awl authority to appoint any one or more suitable persons as.iittorney(s)-in-Fact to represent and actfor and onheiralf of the Compimy subject to the thitowing,..„ iliA til:pr:,;' 04141:1Thl.reiihiLIP 1 illhamel _ - .—.-- -,— -- -.--- M."4"- = — ---- .-,-----7 =----.• =•-•,..- -.......= ---",=, , ,e ..r.-...... -.........-....- -=--- -=:=-1---==Worrirw-irWalknitP:3e given full powp ' of and on behitifo-:-Me*My.Mtl*t=achnowlcdfte andS.1.3.1111i211 Ri0i :7-4. --m- '.=—_-tisArrWanneWantrika, agreements o.1:lincle -*1' 'kli In difthhal or obligatoryTnnb=110, Wanytd all consents W—_-411.F.;teleleie'W-eilitheeV::: --7--"'" . ' '' •I I --- .-prreentafigindrir final estimates on engineenrig construction contracts,and any and tfiliMeTand documents canceling or terminatincittpluty'tiliibiliti thereunder,and any such instruments an executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Bell Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate'elating thereto kEfacsinuand any power of attorney or certificate.hcarialgfacsimile signature or facsimile seal shop he val 1 binding upon the Conthwvitheesmct to . I ;,---.--7- =-7-7-7 argbcititormItWng to which it is attacht -‘-'-'4 =, -.==- ______ 1 i rt ill'.'. i!I 'li 1 '[1: . .;: . ' .=--_=-__:= 1 I II' 4 41 1111,,,,r] nil .1 5:SWFIE REOF,The&tut-um-A ItTia--- (l ffils instn.mient to b men htidute: co' rate seals to bh-rzetrgif-AtPrel _ — —loiri day of December,2012. _____ AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY -Z__-__1_diatigait-7M2 -= 0.0"17.''..‘ ,1111, ‘5 '''''I 1 I l''•' iol"."%. i00.04, _= ......... ==-_--= 4e-9..!.1 il d'I ."--, . I. I' l'In'If II:. ..,_•=7-., -=-___ --='71 -7, Zrrt=1.1-77-111-221-1. —— --- --, --..•.-= ..,_,-,-, .-.--- ------ad_d;,,dT- --- 1 -4/ 'i if -9, 11 1 id=. 11 •:,'i - .-1 --.W..."s-Vt• ' -------_—=-1-1 --"1--- d 'VA,"1"4""/;:i T1.%-d% 1S''' 12: v3‘. V ''' 41 • IA'.., l'a.i. W-. ..W '-' •••'• $ // Daniel P.Aguilar,Vice President 4.--.....W_, % ------ / State of California "..„ty,„„..0- '4..4,...,0 . , ...--.42outiosWrigeles SS: -- -- :.--.. __ = --- ‘P •,di: - •1:I i;i ,,s'i? iliri — _-.----.- ---=- 7-w-- i.-----=.- __,..,.._-.._. ___ ______ -.--.7::..=:- .:-.,_._-.-_.-_-------- :r, :: ---:-:- ---=" i'',. 'E 11; i il ,1'F. •: ' . IL L__,---7•:-.=,-----...-=-,•,_,..- :--_-- ---------.-_,,_.: --'_-_ -.--.T----1 .1%_Lt. Member,2012,4-1461"tiM`ftirMairiVit,a notary publie,r,- •:,.. tianiel P.Agui--Vt_.2r-frmCkTiM ----= ----=----'1fterican Contractors Indemnity(..-vraparty;Unftid Slates Surety Company i . .S.Specialty Insurance CompanririfoTko7"-- veaTo me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. , ___ — _-_........ ---...• --- ---------- = wok: 4 ,., F.! „ ....._ 1 ,---er ,s. ti*eWFW4.I.ALTY OF Pl. , yd ;1 fr, ,la 1 1:of the State o '. aiffsiTni_aMatTo 9ing paragrap0*.t tslisro_rT= ----= —WHINIB ItKehaM and official kidi[1:14, ,::/• :,:3:I . _ I.---- _ ____ —_ _ - - -- -- ---- .,,,....;, ..........wm: Signature . -; , . (Seal) .f. • , War Pik.exibills r tichoseitsw* Coma: - Dmall.• ,-_ ,,,, 1,4„.,,LIJ ,._,__ --fflareaneied*:-,e7a_sistant Secretarmenstan- ' . . ftailM/iors Indemnity CoihiRritil:uottel 1 .: urety Compan MS.XlejtV-m_ ::-7;--' 7-=_Iiituraitifiprity- do hereby tit the ab—rmMtMforegoing is aj,true',104.die4frecti'' ' : a Power of AtIotW—axerAtt -7:a ---.:-. _.,..„..._ I , .1! I drIA II;,, . -2-77----.. E11 COMTarirEs,which is still in l' i'reTamM%drfuriberrnore,the resolitionsrof iheSciards of Directors,se----tnVie PrswerW Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 5th day o_f -A1111.23t . - , 201-3. , ,4 i Fr' ------. ,__ ------• „..-_-- =-• L--.--L---=__-- ' 11 'i . , ::H. 1.11i. ,—--_-___- ------ ::_—_._-.:.:-.--.7= ,----,---= -°=-- --7_-_-' --..7..7'_----= -_-_.---------.7. _-7:-------_'-'-' ,-; ---- -= ---=-• ;':I: .,1 :,. i!,1 ti■ .: !, :I,, _----------—===_. ------_-_-_..-:==.- __ _,._____. _ .71-7 --= ---==...--= .-- -----=----- ,=----_ _t---1 ----- i'r.:--.z----= =,---,--7.. ----- 4,', ! !i! ':Ii ,'r r' [:t r rf ' ■•,..r ....7...±.. L:2i :='_.... '..-.. 7= 'f''12■7 71L j,, ....=7.: = 1 I I ' 0 '' ' 1 J r ' . .. __-,.. ■=,,=---'". , ---Cffpor §eils -•_-_ - • 0%ti,WORorN _„0,„ ,"m.,*„N. 1 t ULk ' „is...,... ...0,4 ,....., o., „. .... Bond No. .4.1 \V. ,-•="'", \ca, !'/ `r-i* \,',9a 1 Jeannie Lee, ..sistant Secretary ..• townwoo i-: =0' -•••...- ,Z• Ageney_INI% . 47050 P.%OW-MA UN/1 zwk 4,1 i"),i I -'." ..‘.•'''''• s l'S t g,II1.14 ii ,i Packet Page -1291- , r jrt ' h lo 11,1 ----------:== M ---2-r----7-- 10/8/2013 16.A.10. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9, Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11.The mailing envelope must be sealed and marked with: Bid no: 13-3169 Project Name: LASIP 19B HALDERMAN CREEK &CROWN POINTE WEIRS Opening Date: 08/05/2013 12.The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET . Kelly Brothers, Inc. Bidder Nam- "s"-e° ' Danny Kelly-President Sig .- ure & Title Date: 08/08/13 26 MB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1292- 10/8/2013 16.A.10. .. � t1 * sc 4 /o, 51-Arr CIF FLOP4:IA f.AlLAh1A 55Ez 3T-:104 004148e-o472- ifft14 si February 25, 1.980 1, ' M 1 • jr William P. Meehan, Esq. `' 1752 Colonial Blvd.., Suite A , . . Ft. Myers, FL. 23907 .. Dear Mr. Meehan: The Articles of .Incorporation for KELLY BROTHERS,S,, INC. were filed-on February 20, 1980, and assigned Chartor Number 656515, Your check for $63.00 covering the various fees and taxes has been deposited. Enclosed please find a certified copy of the articles. IC you desire further information please telephone (904) 487-1322:, Word Processing Section, Mrs. Bobbie Cox, Supervisor. Sincerely, 1,1/Atfealeiz, D. W. McKinnon, Director Division of Corporations DWM/jb f 1. r-tut 1/79 Packet Page-1293- 10/8/2013 16.A.10. �4� g9 ARTICLES OF INCORPORATION 00 i'� ,7i OF V_ ��1� , c,,4tr: gt�'1-4t ,,,Ac,,.,,� P�A KELLY BR0'TBER.5, INC. i At1-0 ' ARTICLE I - NAME The name of this Corporation is KELLY BROTHERS, INC. ARTICLE II - PURPOSE This Corporation is oryainzeci for the purpose of engaging in the transaction of any And all business permitted under the laws of the United States and of this'State. ARTICLE III - CAPITAL STOCK This Corporation is authorized to issue sixty shares of comon stock without par value,: ARTICLE IV - INITIAL REGISTERED OFFICE AND AGENT The street address of the initial registered office. of this Corporation is Route 5, Box 35,- Bain Road, Fort Myers, Florida, 33908, and the name of the initial registered agent of this Corporation at the address is Cathy D. Kelly. ARTICLE V - INITIAL BOARD OP DIR'E•C1OI This Corporation shall have two directors initially. The number of directors may be increased from time to time by the 13y-Laws. The name and address of the initial directors of this Corporation ara. DANNY M. KELLY, RC111E 5, BOX 35, BAIN' ROAD, FORT MYER.S, FLORIDA 33%8 TIWTHY A, KELLY, 2345 JEFIOOTI' STREET, FORT MYERS, FLORIDA 33901 7 . % ,- r Packet Page -1294- 10/8/2013 16.A.10. ARTICLE VI - INCORPORATOR The name and address of the person signing these Articles is: CATHY D. KELLY, i2ourc 5, BOX 35,, f3AIN ROAD, FORT MYERS, FLORIDA, 33908 ARTICLE VII - INDEMNIFICATIO3. The Corporation shall indemnify any officer or director or any former officer or director to the full extent permitted by law. ARTICLE VIII - AMI*I])}4ENT_ This Corporation reserves the right to amend of repeal any provision. contained in these Articles of Incorporation or any amendment hereto. TN WITNESS. WHEREOF, the undersiunod subscriber has executed these Articlrs of Incorporation this —7 day of February, 1980. j.4 CATHY D. YELLY / STATE OF FLORIDA ) COUNTY OF LEE ) us' BEFORE ME, A NOTARY PUBLIC authorized to take a.cknowledgm4nts in the state and county set forth above, personally appeared. CATHY D. 'KELLY, known to me and known by me to be the person who executed the foregoing Articles; of Incorporation, and she acknowlodgect before me that she executed those Articles of Incorporation. IN WITNESS WHEREOF, I have hereunto het nay hand and affixed u official seal, in the state and county aforesaid this. 7Th'day of February, 1980 L • Notary Public, State of Florida /r�� ` o� My Conrnission E.�ires: �/ try' ` ll'AP4F11itS�lll"41:1 .tMi� �)'�'t WILLIAM P. }i .iMMl7 • \i f l f mmKN `?;% MUTri1Y }if;iLlC STATE OF ?Loam. E' S4!!t _ 0[Il�� ti NY.Ca 13510U EXPIRES 11-28-82 ''''. Fd: ' 1 "4' 1 i) Mr. . Packet Page-1295- 10/8/2013 16.A.10. (0,-roillze, STATE OF FLORIDA 4414;4.. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850). 487-1395 1940 NORTH TALLAHASSEE FL T STRFLT32399-0783 AUG 2 2 2D1z KELLY, DANE P KELLY BROTHERS, INC 15775 PINE RIDGE ROAD FORT MYERS FL 33908 • t:. STATE OF FLORIDA AG# Ea 26 79 40 Congratulations! With this license you become one of the nearly one million " y" i DEPARTMENT OF BUS INESS AND Floridians licensed by the Department of Business and Professional Regulation. l `, ",� PROFESSIONAL. REGULATION Our professionals and businesses range from architects to yacht brokers,from ( boxers to barbeque restaurants,and they keep Florida's economy strong. CGC15197 80 .70,8/Z4k/12 120003144 or Every day we work to improve the way we do business in order to serve you betters _ r For information about our services,please log onto www.myflaridalicense.com, CERTIFIED GItRALI .CONTRACTOR There you can find more information about our divisions and the regulations that KELLY,- DANE is ` impact you,subscribe to department newsletters and learn more about the KELLY BROTHERS',. INC Department's initiatives. Our mission at the Department is:License Efficiently,Regulate Fairly.We constantly strive to serve you better so that you can serve your customers. IS CERTIFIED under the provisions of ch.489 PS Thank you for doing business in Florida,and congratulations on your new license) Expiration dates 31, 2014 L120e19019e3 DETACH HERE THIS DOCUMENT HAS A COLORED BACKGROUND•.'ICROPRINTING•LPNEMARK"PATENTED PAPER AC#;6267940 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#LZ208140Z983 DATE BATCH NUMBER LICENSE NBR .; 08/14/2012. 120003144 CGC1519784 The GENERAL CONTRACTOR Named below IS CERTIFIED a Under the provisions of Chapter;'g489."'F$. Expiration date: AUG 31, "KELLY, . DANE P � t, ; KELLY BROTHERS, INC 15775 PINE RIDGE ROAD fr t FORT MYERS FL 33908 RICK SCOTT KEN LAWSON GOVERNOR ,T Packet Page-1296- LV1► SECRETARY g A DISPL _�__._.. �-- ----- ------ — 10/8/2013 16.A.10. o Lee County Tax Collector tor Tax Co 1 • 2480 Thompson Street • Fort Myers, Florida 33901 AUG 20 2012 la, of FioAo. www.leetc.com Tel: (239) 533-6000 Local Business Tax Account: 1204211 Dear Business Owner: Your 2012-2013 Lee County Local Business Tax Receipt is attached below. The receipt is non- regulatory and is issued using the information currently on file with our office. It does not signify compliance with zoning, health or other regulatory requirements nor is it an endorsement of work quality. Annual account renewal notices are mailed in August to the address of record at that time; to ensure delivery of your annual notice, mailing addresses may be updated online at www.leetc.com. If there is a change in the business name, ownership, physical location or if the business is being closed, please follow the instructions on the back of this letter to transfer or to close the account. I hope you have a successful year. 4-11:4J1- Lee County Tax Collector Detach and display bottom portion and keep upper portion for your records voeCou�r. LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2012 - 2013 Tax Co Ye, for Y ACCOUNT NUMBER: 1204211 ACCOUNT EXPIRES SEPTEMBER 30, 2013 sfete of Ftc``a May engage in the business of: CERTIFIED GENERAL CONTRACTOR Location 15775 PINE RIDGE RD FORT MYERS FL 33908 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY KELLY BROTHERS INC KELLY DANE P THIS IS NOT A BILL•DO NOT PAY 15775 PINE RIDGE RD FORT MYERS FL 33908 PAID 018452.53-1 08/18/2012 11:12 DP500 $50.00 Packet Page -1297- 10/8/2013 16.A.10. State of Florida Department of State I certify from the records of this office that KELLY BROTHERS, INC. is a corporation organized under the laws of the State of Florida, filed on February 20, 1980, effective February 20, 1980. The document number of this corporation is 656515. 1 further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on January 23, 2013, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this is the Twenty third day of January, 2013 of .i 1� ms; --'•,:,:77 d, a;. *:, ei- AI �,:; : Secretary of State 'cosq;11, sr Authentication ID:CC6418053375 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://etile.sunbiz.orgicertauthver.html Packet Page-1298- 10/8/2013 16.A.10. • • - - R-Ve risury • Company ID Number:384326 • THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and pity Brothers. Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program(E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form(Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR)(hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause) to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989,as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA • 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.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 representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify 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 authorized by SSA as governed Pape 1 of 13 I E-Verify MOU for Employer I Revision Date Ow1011o9 www.dhs.gov/E-Verify Packet Page -1299- 10/8/2013 16.A.10. V ri ray Company ID Number:384325 • by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations(20 CFR Part 401). • 4. SSA agrees to provide a means of automated verification that is designed(in conjunction with • DHS's automated system if necessary) to provide confirmation or tentative nonconfirrnation of U.S.citizens'employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary)for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligilility and accuracy of SSA records for both citizens and non-citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B.RESPONSIBIUTIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct,to the extent authorized by this MOU: •Automated verification checks on employees by electronic means, and • Photo verification checks(when available)on employees. 44W 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation In the E-Verify program. DI-IS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice,which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. • 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information wil be used only to verify the accuracy of Social Security Numbers and employment eligibility,to enforce the Immigration and Page 2 of 13 l E-Verfry MOO for Employer I Revision Dale 09/01/09 www.dhs.gov/E-Verify • Packet Page-1300- 10/8/2013 16.A.10. Ve , _; „. • Company ID Number:384325 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (In conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees'employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non- match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless OHS determines that more than 10 days may be necessary. In such cases, DRS will provide additional verification instructions. C.RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is dearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment • verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A.The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: • If an employee presents a"List B"identity document,the Employer agrees to only accept"List B"documents that contain a photo.(List B documents identified in 8 C.F.R. §274a.2(b)(1)(B))can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons,the Employer should contact E-Verify at 888464-4218. •If an employee presents a DHS Form 1-551 (Permanent Resident Card)or Form 1-766 (Employment Authorization Document)to complete the Form 1-9,the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9.The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 131 E-Verify MOU for Employer 1 Revision Dale 0910i109 vmv.dhs.gov/E-Verify Packet Page-1301- 10/8/2013 16.A.10. :E-VeriFy tt Company ID Number 384325 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non-matches that are contested by employees.Note that employees retain the right to present any Ust A,or Ust B and List C,documentation to complete the Form 1-9. DHS may in the future designate other documents that ' activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as ■ described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer ! has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act(INA)with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of • the individual in good faith compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A)if the Employer continues to employ an employee after receiving a final nonconfirmation; and(5) no person or entity participating in E-Verify Is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the • FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable,the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number(SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. S. The Employer agrees not to use E-Verify procedures for pre-employment screening of job . applicants, in support of any unlawful employment practice, or for any other use not authorized • by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees - - hired before the effective date of this MOU. The Employer understands that if the Employer • Page 4 of 13 I E-Verify MOU for Employer I Revision Date 09!01109 www.dhs.gov/E-Verify Packet Page -1302- 10/8/2013 16.A.10. E Veril Y • Company ID Number:384325 uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DI-1S information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, aRoowing employees to contest the finding, and not taking adverse action against employees If they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article ItI.B. below)to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge(as defined in 8 C.F.R. §274a.1(0) that the employee is not work'authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract • or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or OHS has been completed and a final nonconfirmatlon has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued,then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515(TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verity except as provided in part D below, or discharging or refusing to — hire employees because they appear or sound "foreign" or have received tentative nonconfirmations.The Employer further understands that any violation of the unfair immigration- related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards,and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Pape 5 o1131E-Verify MOU for Employer I Revision pate 09(01/09 www.dhs.goviE•Vanfy • Packet Page-1303- 10/8/2013 16.A.10. Verify Company ID Number: 384325 Verify. If the Employer has any questions relating to the anti-discrimination provision, it should • contact OSC at 1-800-255-8155 or 1-800-237-2515(TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1.9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that It will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information,and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU,except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14, The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act(5 U.S.C. § 552a(i)(1)and (3)) and the Social Security Act(42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE • 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and al new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract • award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrolment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 6 of 131E-Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verlfy .443. Packet Page -1304- 10/8/2013 16.A.10. E-VeriFy ,.. .` Company ID Number:384325 whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract,whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of - hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States,whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later. • e. Institutions of higher education, Slate, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may, I however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article 11.0, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education,State, local and tribal governments, and sureties. f.Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and Initiate E- Verify verification of all existing employees within 180 days after the election. — g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this , process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Papa 7 of 13 i E-Verify MOU for Employer I Revision Dale O91D1109 viww.dhs.gov/E-Verify Packet Page -1305- 10/8/2013 16.A.10. Vern Y Company ID Number: 384325 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S.citizen). If the Employer is unable to determine that the Form 1-9 complies with Article rl.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed,or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo - screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation.The Employer will transmit the Social Security Number to SSA for verification again If this review indicates a need to do so.The Employer will — determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation,the Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it Pape 8 of 131E-Verify MOU for Employer I Revision Data 09101/09 www.cen.gov/E-Verify Packet Page-1306- 10/8/2013 16.A.10. =E Vert __ . . Company ID Number:384325 determines that more than 10 days is necessary.The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B.REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation.The Employer must review the tentative nonconfirmation with the employee in private. I 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3.The Employer agrees to refer individuals to DI-IS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match.The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will i provide the employee with a referral letter and instruct the employee to contact DHS through Its toll-free hotline (as found on the referral letter)within B Federal Government work days. - 5. If the employee contests a tentative nonconfirmation based upon a photo non-match,the - Employer will provide the employee with a referral letter to DHS.DHS will electronically transmit . the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by:•Scanning and uploading the document, or •Sending a photocopy of the document by an express mail account(paid for at employer expense). j 7. If the Employer determines that there is a photo non-match when comparing the photocopied List B document described in Article 11.C.5 with the image generated in E-Verify,the Employer must forward the employee's documentation to OHS using one of the means described in the preceding paragraph,and allow OHS to resolve the case. • Page 9 of 131 E Verify MOU for Emptoyer I Revision Date 49/01/09 www.dhs.gov/E-Verify • Packet Page-1307- 10/8/2013 16.A.10.• E-Verify, __ ...,�. Company ID Number. 384326 ARTICLE IV SERVICE PROVISIONS SSA and OHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A.This MOU is effective upon the signature of all parties,and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and aH system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. OHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer wit remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR B-Verify clause, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause,termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and OHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. Page 10 of 13 I E-Vertty MOU for Employer I Revision Dale 09101109 www.dhs.gov/E-Verify Packet Page -1308- 10/8/2013 16.A.10. V s •• Company ID Number. 384325 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, Its agencies,officers,or employees,or against the Employer, Its agents,officers,or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, • determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act(FOIA). G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. • 1 Page 11 of 13 i E-Verify MOU for Employer I Revision Dale 09(01/09 www.dhs.govlE-Verify Packet Page-1309- 10/8/2013 16.A.10. .. . . ' e-E ... _ ,„.... Company ID Number: 384325 • To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page.if you have any questions,contact E-Verify at 888-484-4218. mployer Kelly Brothers,Inc. rilyn Anderson —1 tie—--- lectronkail Signed 1/11/2011 ignature ate pertinent of Homeland Security–Verification Division sas Verification Division ems(Please Type or Print) ' hie --1 II Electronically Signed 1/1112011 Signature rata Information Required for the E-Verify Program nformation relatillst to your Com•any: _..........._ — Compan Name: lly Brython),Inc. I _______Corriparty FacIIIV_Address 16776 Pine Ridge Rd. ------ art layers,FL 33908 • 1 Company Alternate Address: 5775 Fine Ridge Rd. I .. _._ ort rs FL 33908 ____ Coun or Parish: 1 E Employer Identification • Number •92089692 ..... Pape 12 of 13 I E-Verify MOU for Employer I Revision Date 09101/00 vnivtv.dhs.gov/E•Varify Packet Page -1310- 10/8/2013 16.A.10. E-Verify w,LL � ..,1 .•Company ID Number:384325 • North American Industry Classification Systems Code: '`38 Administrator: ...... ._. _____ Number of Employees: r 0 to 90___._._ _ _._.r -- Number of Sites Verified for: re you verifying for more than 1 site?)ifyes,please provide the number of sites—ye- ites verifed r fo — reach State: FLORIDA ' 1 site(s) Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: • • Name: Marilyn Anderson - Telephone Number (239)4112-7300 Fax Number (239)462.8014 E-mail Address: marilyoa®kellybroa.aet Name: Heather Haglund Telephone Number: (239)462.7300 Fax Number: f239}482-8014 E-mail Address: beatherhgkellybros.net • • Page 13 of 13 i E-Verify MOU for Employer i Revision Date 09/01108 www.dhs.govlE-Verity . Packet Page-1311- 10/8/2013 16.A.10. Client#:64277 KELBR2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08/01/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER i CONTACT !sell Garcia _, NAME:Gulfshore Insurance-Naples PHONE 239 261-3646 'WC.No):239 435-0598 jA1C,No,Eat!: 4100 Goodlette Road North EMAIL i arcia ulfshoreinsurance.com I ADORES$_._$ � Naples,FL 34103-3303 INSURER(S)AFFORDING COVERAGE NA 239 261-3646 r---- -... - IL$ INSURER A:The Travelers Insurance Company INSURED INSURERS:American Longshore Mutual Assoc Kelly Brothers,Inc. INSUREF:c,Hartford Insurance _ 15775 Pine Ridge Rd. Fort Myers,FL 33908 INSURER DS._.. ,INSURER E: ---�---__—�'— __�.__�_��....._� ------..._.._.._.__..-- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _.._.._.._.._...__ _ ______.__.--__..._. POLICY EFF -POUCY EXP l RR ..._._. --- ENS LIWVD POUCY NUMBER (MMIDDKYYY) (MMIDDIYYYY)I LIMITS TYPE OF INSURANCE _LEACH OCCURRENCE i s 1,000,000 A X LICOMMERCIAL GENERAL LIABILITY ZOL11 N6530412 08/01/2013 08!011201 .Pi EMtsES.gEaEowurencm) x250,000 GENERAL ABILITY I CLAIMS-MADE ! X OCCUR I MED EXP(Any one person) 510,000 'PERSONAL&ADVINJURY s1,000,000 _X Ship Repairers Legal_ ) I .- X Salvor's Legal GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; ( !PRODUCTS-COMP/OP AGG S2,000,000 S POLICY PECar _ LOC _.____ _. __.._.___ COMBItO61NGLE LIMIT ----_ _.-_ 1 000,000 A f_AUTOMOBILE LIABILITY ( BA5043R196 08/01/2013 06/01/2014 Fa acddenq s _._____ ■ X BODLY INJURY(Per person) S X ANY AUTO ALL OWNED 7 SCHEDULED ( 'BODILY INJURY(Per accident) $ AUTOS AUTOS i ------'— NON-OWNED !.PROPERTY DAMAGE s (Per accident) - X HIRED AUTOS �'AUTOS "--"- - j UMBRELLA LIAR I - r---—_—- A X ;X (OCCUR 20811N6532812 08/01(2013 08/01/201 EACH OCCURRENCE_ s$=000,000. EXCESS UAS I I CLAIMS•MADE I i !AGGREGATE UOO DED I X RETENTION 525000 I _.__ — _—. S — ___ ^`-- WC STATU- OTH- B I WORKERS COMPENSATION ALMA0074003 08/01/2013 08/01/2014 X ._WC T Limas, TEE. AND EMPLOYERS'LIABILITY 1 .---._._.._.._.._-..., I ANY PROPRIETORIPARTNER,EXECUTIVE7—NI� E.L.EACH ACCIDENT Si,000,000 i OFFICER/MEMBER EXCLUDED? N;I N I A (Mandatory M NH) --I E.L.DISEASE-EA EMPLOYEE S1,000,000 If yes.describe under ! El_DISEASE•POLICY LIMIT I x1,000,000 .1 DESCRIPTION OF OPERATION,;below _ ,_ ______ --- S WC/Maritime rALMA0074003 08/01/2013 08/01/2014 $1,000,000 Limit C !WC/State Act j I 21 WEOB4508 08/01/2013 08/01/2014 $1,000,000 Limit A !P&I • I ZOH11 N6528512 08/01/2013 08/01/2014 $1,000,000 Limit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Addltional Remarks Schedule,if more space is required) Workers Compensation/Employers Liability for State Act is with Hartford. Jones Act!Maritime Employers Liability is through American Longshore Mutual Association, LTD. USL&H is with American Longshore Mutual Association,LTD for Statutory and Employers Liability. Umbrella/Excess is Bumbershoot Liability extending limits of General Liability/Marine Liability,Auto Liability,Protection &Indemnity and Employers Liability. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS, 3327 Tamiami Trl E Naples, FL 34112-4901 AU.T,HO/RIZED�'REPRESENTATIVE � =�+ CD 1808-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S668664/M668627 IPG Packet Page-1312- 10/8/2013 16.A.10. DESCRIPTIONS (Continued from Page 1) For any&all work performed on behalf of Collier County. Collier County Board of County Commissioners is Named as Additional Insured As Respects to General .lability Only,as needed by contract,per OMOL0140 0705&OMOL0101 0106. SAG(TTA 25.3(2010105) 2 of 2 #S668664/M668627 Packet Page-1313- 10/8/2013 16.A.10. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Kelly Brothers, Inc ("Contractor") of 15775 Pine Ridge Road, Fort Myers, Fl 33908, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with LASIP 19B Haldeman Creek & Crown Pointe Weirs, Bid No. 13-6139 ("Project"), as said Work is set forth in the Plans and Specifications prepared by ATKINS 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 Hundred Thirty Thousand, Five Hundred Fifty Dollars and Fifty One Cents ($530,550.51). 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 27 :, Packet Page -1314- 10/8/2013 16.A.10. acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570,html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred eighty (180) 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 penally, one thousand five hundred and thirty two dollars ($1,532.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is 28 (TB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs cq Packet Page -1315- 10/8/2013 16.A.10. reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. 29 ITB 13-6139 LAS1P 193 Haldeman Creek &Crown Pointe Weirs 1 Packet Page-1316- `A 10/8/2013 16.A.10. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Nathan West, P.E. and identified as follows: Final Construction Plans (June 20, 2013) as shown on Plan Sheets 1 through 18. Exhibit N: Contractor's List of Key Personnel ITB 13-3169 LASIP 19B Haldeman Creek& Crown Pointe Weirs Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Shane Cox, Project Manager Growth Management Division Transportation Engineering 2885 S. Horseshoe Drive Naples, Florida 34104 Phone: 239-252-5857 Faz: 239-252-5885 ShaneCox©colliergov.net 4441. 30 ITB 13-6139 LASIP 196 Haldeman Creek &Crown Pointe Weirs Packet Page-1317- Cp 10/8/2013 16.A.10. B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Jack Morgan, Project Manager Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, FL 33908 Phone: 239-482-7300 Fax: 239-482-8014 Email: moreinfo @kellybros.net C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. 31 ITS 13-6139 LASIP 19B Haldeman Creek &Crown Pointe weirs Packet Page -1318- 10/8/2013 16.A.10. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 32 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs CA Packet Page-1319- 10/8/2013 16.A.10. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Kelly Brothers, Inc By: FIRST WITNESS Print Name and Title Print Name SECOND WITNESS Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Georgia A. Hiller, ESQ. Chairwoman Approved as to Form and Legality: Assistant County Attorney Print Name: 33 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1320- 10/8/2013 16.A.10. EXHIBIT A 1: PUBLIC PAYMENT BOND LASIP 19B Haldeman Creek& Crown Pointe Weirs Bond No. Contract No. 13-3169 KNOW ALL MEN BY THESE PRESENTS: That and , as Principal, 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 2013 , 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 2013, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 34 ITB 13-6139 LASIP 198 Haldeman Creek &Crown Pointe Weirs Packet Page-1321- demmom 10/8/2013 16.A.10. 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 Prnted) (AFFIX OFFICIAL SEAL) Notary Public, State of • Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 35 TB 13-6139 LAW 19B Haldeman Creek &Crown Pointe Weirs CA Packet Page -1322- 10/8/2013 16.A.10. OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 36 ITB 13-6139 LASIP 198 Haldeman Creek &Crown Pointe Weirs CA Packet Page-1323- 10/8/2013 16.A.10. - ) EXHIBIT A 2: PUBLIC PERFORMANCE BOND LASIP 19B Haldeman Creek& Crown Pointe Weirs Bond No. Contract No.13-3169 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 bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 2013, with Obligee for 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. 37 TTB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs CA Packet Page-1324- 10/8/2013 16.A.10. 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 day of 2013, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 38 re 13-6139 LASIP 196 Haldeman Creek &Crown Pointe Weirs Packet Page -1325- 0 10/8/2013 16.A.10. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, 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.: 39 IT8 13-6139 LASIP 198 Haldeman Creek &Crown Pointe Weirs 410 Packet Page-1326- 10/8/2013 16.A.10. EXHIBIT A 1: PUBLIC PAYMENT BOND LASIP 19B Haldeman Creek & Crown Pointe Weirs Bond No. Contract No. 13-3169 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 2013 , 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 2013, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 34 1TB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1327- 10/8/2013 16.A.10. 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) 35 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1328- 10/8/2013 16.A.10. OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 36 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1329- 10/8/2013 16.A.10. EXHIBIT A 2: PUBLIC PERFORMANCE BOND LASIP 19B Haldeman Creek & Crown Pointe Weirs Bond No. Contract No.13-3169 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 bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2013, with Obligee for 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. 37 rrB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1330- 10/8/2013 16.A.10. 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 day of , 2013, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 38 !TB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1331- 10/8/2013 16.A.10. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, 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.: 39 FIB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1332- 10/8/2013 16.A.10. EXHIBIT B: INSURANCE REQUIREMENTS, The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty 40 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1333- 10/8/2013 16.A.10. (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. ANC 41 !TB 13-6139 LAS1P 193 Haldeman Creek &Crown Pointe Wesrs Packet Page -1334- 10/8/2013 16.A.10. Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance I Bond;Type. Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General $1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability(Occurrence Form) Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. $ single limit per occurrence 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. X Automobile Liability $ 1.000.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. El Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence El Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence 42 ITB 13-6139 LASIP 198 Haldeman Creek &Crown Pointe Weirs Packet Page-1335- 10/8/2013 16.A.10. ❑Valuable Papers Insurance $ Per Occurrence 6. X 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. X Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 43 ITB 13-6139 LAS1P 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1336- 10/8/2013 16.A.10. EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor') releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2013 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 44 1TB 13-6139 LASIP 198 Haldeman Creek &Crown Pointe Weirs Packet Page-1337- 10/8/2013 16.A.10. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager. (Signature) DATE: (Type Name and Title) 45 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1338- m'E * 10/8/2013 16.A.10. . iii ,g 3 m ■ ��p ® a �' j -4 2 —. / a $ Qpo GO § ■tE ■ 13 � c � -1 § 3f ) m & E 01 S § � . �� � � \ ■ $ 11111111111111111111 11 IIIlIzI= §k k MII 5- 5' o * 111111 � �c < cn 2 � o m � i 0 0 I E � � 2$ a �f i d O�@ Im < = f moo , 11111 1— k � k fa) 0a c @ e 2 ° g 2 \II � �� o�12) xi co! X38 1111111111111111011 0--i II X00 ;� � Ii} 2\�\ �»��A 2 ,/ 2 7 1/� a u iiii,0!7. 7 1 21 1111 }I0 0 :17 0 � a ∎ § 11111111/ / ■ I �$ §ƒj ƒ§ • !o #& Packet Page-1339- 10/8/2013 16.A.10. m x Q v o � eD O IH ;tf 'O CD CD Cs O Cl) 9 cD C = 3 O � m N z .. O o. o• c W c > 2 O. tv 0 CD 0. co a aCD O . a gri m c;> y O n c b, •• C co 5 -I 1 W a+ 0 FL ® II o m m n m a_ � 3 m 62. n mca O v O CD C A V Packet Page-1340- 10/8/2013 16.A.10. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 49 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1341- 10/8/2013 16.A.10. 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. 50 [TB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1342- 10/8/2013 16.A.1O. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 2013 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2013 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2013 OWNER By: Type Name and Title 51 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1343- 10/8/2013 16.A.10. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 2013 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). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other. If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name &Title) By Design 52 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1344- 10/8/2013 16.A.10. Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name &Title) 53 ITB 13-6139 LASiP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1345- 10/8/2013 16.A.10. 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; 54 !TB 13-6139 LASIP 195 Haldeman Creek &Crown Pointe Weirs Packet Page -1346- 10/8/2013 16.A.10. 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. 55 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1347- 10/8/2013 16.A.10. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 56 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1348- 10/8/2013 16.A.10. 4.3 Contractor shall submit all Applications for Payment to Nathan West, P.E., Atkins, located at 1514 Broadway, Suite 203, Fort Myers, Fl 33901. 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 through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 57 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1349- 10/8/2013 16.A.10. 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"'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County maynot accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent 58 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1350- 10/8/2013 16.A.10. inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise 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 59 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1351- 10/8/2013 16.A.10. 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 directiy 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 Contractors expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a 60 ITS 13-6139 LAS1P 198 Haldeman Creek &Crown Pointe Weirs Packet Page-1352- 10/8/2013 16.A.10. substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1 .3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 61 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1353- 10/8/2013 16.A.10. 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 62 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1354- 10/8/2013 16.A.10. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform of 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 63 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1355- 10/8/2013 16.A.10. shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term 64 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1356- 10/8/2013 16.A.10. "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 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 65 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1357- 10/8/2013 16.A.10. 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. 66 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1358- 10/8/2013 16.A.10. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but•not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this 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 67 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1359- 10/8/2013 16.A.10. with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this 68 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1360- 10/8/2013 16.A.10. affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 69 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1361- 10/8/2013 16.A.10. 18. TERMINATION FOR DEFAULT. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or(9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or(10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or 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. 70 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1362- 10/8/2013 16.A.10. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 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 71 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1363- 10/8/2013 16.A.10. procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a 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 72 ITB 13-6139 LASiP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1364- 10/8/2013 16.A.10. recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, 73 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1365- 10/8/2013 16.A.10. tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, Asko w 74 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1366- 10/8/2013 16.A.10. exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and 75 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1367- 10/8/2013 16.A.10. consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 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. 76 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe weirs Packet Page-1368- 10/8/2013 16.A.10. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 77 ITB 13-6139 LAS1P 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1369- 10/8/2013 16.A.10. 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 78 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1370- 10/8/2013 16.A.10. 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION 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. 79 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1371- 10/8/2013 16.A.10. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within 80 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1372- 10/8/2013 16.A.10. and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such 81 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1373- 10/8/2013 16.A.10. work. Contractor shall continuously update that Subcontractor list, so that it remains Aosk current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 82 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1374- 10/8/2013 16.A.10. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole,and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 83 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1375- 10/8/2013 16.A.10. 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor/ Contractor 1 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 84 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1376- 10/8/2013 16.A.10. limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county'local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator 85 STB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe weirs Packet Page-1377- 10/8/2013 16.A.10. certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 86 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1378- 4 10/8/2013 16.A.10. Attachment H Certi cation Regarding Debarn er t 5uspenstort, Inehgibtiity C a ;rAndauntary'Excluslon Contractor Covered Transactions (1) The prospective contractor of the Recipient, 13- 6139 certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: Kell Brothers, Inc, �- ' Collier County Signature Recipient's Name Danny Kelly - President 11HM-3E-09-21-01-004 Name and Title Division Contract Number 15775 Pine Ridge Rd. 1785-27-R Street Address FEMA Project# Fort Myers, FL 33908 City, State, Zip 08/02/13 Date Packet Page-1379- 10/8/2013 16.A.10. CERTIFICATION REGARDING LOBBYING The undersigned Danny Kelly-Pres./Kelly Brothers, Inc.(Vendor/Contractor) certifies, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended by"Government wide Guidance for New Restrictions on Lobbying,"61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L.104-65,to be codified at 2 U.S.C. 1601,etseq.)] (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certiFy and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.5 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. (Note: Pursuant to 31 U.S.C. § 1352(c))1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, Danny Kelly-Pres./Kelly Brothers, Inc., certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.A 3801,et seq.,apply to this certification and disclosure,if any. • T .'gnature of Vendor/Contractor's Authorized Official Danny Kelly- P -sident Name and Title of Vendor/Contractor's Authorized Official 08/02/13 Date 03'01.2013-(2) 1 Packet Page-1380- 10/8/2013 16.A.10. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Refer to information posted at: http://bid.colliergov.netlbid/ . And titled: Provisions Lobbying Form Debarment Form 87 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1381- 10/8/2013 16.A.10. Exhibit I Hazard Mitigation Grant Program (HMGP) CFDA 97.039 FEDERAL LAWAS AND REGULATIONS Because this discrimination by public and private entities on project activity is funded in whole or in part by the Federal the basis of disability in the areas of employment, Government, or an Agency thereof, Federal Law requires public accommodations, transportation, State and that the Applicant's contracts relating to the project include local government services, and in certain provisions. telecommunications. CIVIL RIGHTS COMPLIANCE CONSTRUCTION COMPLIANCE NonDiscrimination : All contracts shall contain a Clean Air Act , Federal Water Pollution Control Act, provision requiring compliance with Title VI of the Civil Executive Order 11738, and US EPA Regulations: Rights Act of 1964(P.L.88-352),and the regulations issued Contracts and subgrants of amounts in excess of pursuant thereto, which provides that no person in the $100,000 shall contain a provision that requires the United States shall on the grounds of race,color,or national Contractor or recipient to comply with all applicable origin, be excluded from participation in, be denied the standards, orders,or requirements issued under Section 112 benefits of, or be otherwise subjected to discrimination and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section under any program or activity for which the Recipient 508 of the Clean Water Act (33 U.S. 1368), Executive receives Federal financial assistance and will immediately Order 11738, and the U.S. Environmental Protection take any measures necessary to effectuate this assurance. If Agency regulations (40 CFR Part 15 and 61). Violations any real property or structure thereon is provided or shall be reported to the Federal awarding agency and the improved with the aid of Federal financial assistance Regional Office of the Environmental Protection Agency extended to the Recipient,this assurance shall obligate the (EPA). Recipient, or in the case of any transfer of such property, 1. Contract Work Hours and Safety Standards Act of any transferee, for the period during which the real property 1962,40 U.S.C.327 et seq.: The Contractor agrees it or structure is used for a purpose for which the Federal will require that mechanics and laborers (including financial assistance is extended, or for another purpose watchmen and guards) employed on this federally involving the provision of similar services or benefits. assisted contract be paid wages of not less than one and 1. Equal Employment Opportunity: The following one-half times their basic wage rates for all hours equal employment opportunity requirements apply to worked in excess of forty hours in a work week. the underlying contract: 2. Federal Fair Labor Standards Act, 29 U.S.C. a. Age: Under the Age Discrimination Act of 1975, Section 201 et seq.: The Contractor agrees it will as amended (42 U.S.C.: 6101-6107), the require that covered employees be paid at least the minimum prescribed wage, and also that they be paid Contractor agrees to refrain from discrimination one and one-half times their basic wage rates for all against present and prospective employees on the hours worked in excess of the prescribed work-week. basis of age. 3. Copeland"Anti-Kickback"Act(U.S.C. Section 51): b. Race, Color,Creed,National Origin, Sex: Per The Contractor agrees to comply with the Anti- Kickback Order 11246 as amended by Executive penalties Act of 1968 which outlaws and prescribes penalties for "kickbacks" of wages in federally Orders 11375 and 12086, and the regulations financed or assisted construction activities. issued pursuant thereto, the Contractor agrees to 4. Energy Efficiency Standards: The Contractor refrain from discrimination against anyone on the agrees to comply with mandatory standards and basis of race, color, religion sex or national origin policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant in all phases of employment during the to the Energy Policy and Conservation Act(Pub.L.94- performance of federal or federally assisted 163, 89 Stat. 871)453 FR 8078, 8087, Mar. 11, 1988, construction contracts. The contractor agrees to as amended at 60 CFR 19639, 19645,Apr. 19, 1995]. take affirmative action to insure fair treatment in OTHER REGULATIONS employment, upgrading, demotion, or transfer and Access to Documents: Contractor shall exercise best in such actions as recruitment or recruitment efforts to maintain communication with Applicant's advertising; layoff/termination, rates of pay or personnel, whose involvement in the project is necessary other forms of compensation; and election for for successful and timely completion of the work of training and apprenticeship. the project, including but not limited to the closing of specific transactions. Communications between the parties c. Disabilities: The Contractor agrees that it will shall be verbal or in writing, as requested by the parties comply with the Americans With Disabilities or as dictated by the subject matter to be addressed. During Act (Public Law 101-336, 42 U.S.C. Section the term of the Agreement and for the ensuing record- 12101 et seq.), where applicable, which prohibits Packet Page-1382- 10/8/2013 16.A.10. Exhibit I Hazard Mitigation Grant Program (HMGP) CFDA 97.039 retention period, Contractor shall make any or all project 1352. Each tier shall also disclose any lobbying with non- records available upon reasonable request, and in any event Federal funds that takes place in connection with obtaining within two (2) business days of request, to Applicant, any Federal award.Such disclosures are forwarded up from Florida Emergency Management Division (FDEM), the tier-to-tier-to recipient. Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, and any other If appropriate to the project,the Contractor will provide agency of State or Federal government, or the duly assurances regarding the following: authorized representatives of any of the foregoing, that has provided funding or oversight for the project, for the • It will comply with Title IX of the Education purpose of making audit, examination, excerpts and/or Amendments of 1972,as amended(20 U.S.C.: 1681- transcriptions.For purposes of this section, "records" means • 1683 and 1685 - 1686), which prohibits discrimination any and all books, documents, papers and records of any on the basis of sex. type or nature that are directly pertinent. • It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Retention of Documents: Contractor shall maintain all Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) project records for a minimum period of five(5)years from relating to nondiscrimination on the basis of alcohol the date the audit report is rendered under the Agreement. abuse or alcoholism. • It will comply with 523 and 527 of the Public Health Debarment and Suspension (E.O.s 12549 and 12689): Service Act of 1912(42 U.S.C.290 dd-3 and Contract awards that exceed the small purchase threshold • 290 ee-3) as amended, that relate to confidentiality of and certain other contract awards shall not be made to alcohol and drug abuse patient records. parties listed on the nonprocurement portion of the General • It will comply with Lead Based Paint Poison Services Administration's List of parties Excluded from Prevention Act (42 U.S.C.: 4821 et seq.) which Federal Procurement or Nonprocurement Programs in prohibits the use of lead based paint in construction of accordance with E.O.s 12549 and 12689,'Debarment and rehabilitation or residential structures. Suspension."This list contains the names of parties • It will comply with the Energy Policy and Conservation debarred, suspended, or otherwise excluded by Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the agencies, and contractors declared ineligible under provisions of the state Energy Conservation Plan statutory or regulatory authority other than E.O. 12549. adopted pursuant thereto. Contractors with awards that exceed the small purchase • It will comply with environmental standards which may threshold shall provide the required certification regarding be prescribed pursuant to the National its exclusion status and that of its principals. Vendors • Environmental Policy Act of 1969, 42 U.S.C. 4321- submitting proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded 4347. from receiving Federal contracts, certain subcontracts,and • It will assist the awarding agency in assuring certain Federal financial and nonfinancial assistance and compliance with the Preservation of Archeological and benefits,pursuant to the provisions of 31 U.S.C.6101, Historical Preservation Act of 1966, 16 U.S.C. 469a,et note,E.O. 12549,E.O. 12689,48 CFR 9.404,and each seq. agency's codification of the Common Rule for • It will comply with the environmental standards which Nonprocurement suspension and debarment. Contractor's may be prescribed pursuant to the Safe Drinking Water debarment and suspension status will be validated at the Act of 1974 (42 U.S.C. 300f-300j) regarding the System for Award Management at www.sam.gov and the protection of underground water sources. State of Florida at • It will comply with Sections 1361(A) of the National http://dms.myflorida.com/business_operations/state_purcha Flood Insurance Act of 1968 (NFIA, or"the Act"),42 sing/vendor information. USC 4104c,amended by the National Flood Insurance Reform Act of 1994(NFIRA). Byrd Anti-Lobbying Amendment(31 U.S.C. 1352): Contractors who apply or bid for an award of$100,000 or more shall file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. Packet Page-1383- 10/8/2013 16.A.10. CERTIFICATION REGARDING LOBBYING The undersigned Danny Kelly- Pres./Kelly Brothers, Inc.(Vendor/Contractor) certifies, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended by"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L.104-65,to be codified at 2 U.S.C.1601,etseq.)] (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered , . into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.§ 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. (Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, Danny Kelly-Pres./Kelly Brothers, Inc. certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.A 3801,et seq., apply to this certification and disclosure,if any. y :4; gnature of Vendor/Contractor's Authorized Official Danny Kelly- P -sident Name and Title of Vendor/Contractor's Authorized Official 08/02/13 Date 0310412013-12) 1 Aitittek • Packet Page-1384- 10/8/2013 16.A.10. Attachment H .^„,*•fez ''�i 1 a I3d77 ri, e )u�' t f+' Y A®W a _� ' _^'_ „,=. I ,y', v t r,i'�f �d a..' ,i 'j .—r Po i a' i i :.. nm.max mow. `l1ifR# .'.; 6tiy� F4m���"I'�' 14 _`µ �'F ? j! :i r;f id Contractor Covered Transactions (1) The prospective contractor of the Recipient, 13- 6139 certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By Collier County Signature Recipient's Name 11 HM-3E-09-21-01-004 Name and Title Division Contract Number 1785-27-R Street Address FEMA Project# City, State, Zip Date Packet Page -1385- 10/8/2013 16.A.10. EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: n/a 88 IT8 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1386- 10/8/2013 16.A.10. EXHIBIT K: PERMITS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: Permits 89 ITB 13-6139 IASIP 198 Haldeman Creek &Crown Pointe Weirs Packet Page-1387- 10/8/2013 16.A.10. SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 11-01140-S , — DATE ISSUED:January 19,2012 Form#0941 08/95 PERMITTEE: COLLIER COUNTY BOARD OF COMMISSIONERS 2885 S HORSESHOE DRIVE NAPLES, FL 34104 PROJECT DESCRIPTION: This application is a request for a General Permit Modification authorizing construction and operation of a surface water management system serving a project known as LASIP Phase 19B with discharge to Haldeman Creek and Lely Branch. PROJECT LOCATION: COLLIER COUNTY, SEC 7, 18 TWP 50S RGE 26E PERMIT See Special Condition No:1. Pursuant to Rule 40E-4.321, Florida Administrative DURATION: Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No.110406-7,dated April 6,2011. This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40, Florida Administrative Code(F.A.C.). Based on the information provided. District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request fora Chapter 120,Florida Statutes,administrative hearing. 2. the attached 19 General Conditions (See Pages: 2-4 of 6), 3. the attached 15 Special Conditions(See Pages: 5-6 of 6)and 4. the attached 2 Exhibit(s) Should you object to these conditions, please refer to the attached"Notice of Rights"which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the"Notice of Rights,"we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distrib list) no later than 5:00 p.m. on this 19th day of January, 2012, in accordance with Section 120.60(3), F _r.` tes. BY: '_ r A. Valera, P.E. Jl•ulatory Administrator /Lower West Coast Service Center r Page 1 of 6 Packet Page-1388- 10/8/2013 16.A.10. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat.,following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at(561)682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev.07/01/2009 1 Packet Page-1389- 10/8/2013 16.A.10. Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none,the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla.Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120,60(3)and 120.68,Fla. Stat.,a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev.07/01/2009 2 Packet Page -1390- Appiic 10/8/2013 16.A.10. Page 2 of 6 GENERAL CONDITIONS 1• All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual;A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity,the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E-1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process,the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or"record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920;the District determines the system to Packet Page-1391- Appi c 10/8/2013 16.A.10. Page 3 of 6 GENERAL CONDITIONS be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right,or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State,the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3), F.A.C., also known as the"No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims,or liabilities Packet Page-1392- Appric 10/8/2013 16.A.10. Page 4 of 6 GENERAL CONDITIONS which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale,conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Packet Page-1393- Applic 10/8/2013 16.A.10. Page 5 of 6 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on January 19,2017. 2. Operation of the surface water management system shall be the responsibility of the permittee. 3. Discharge Facilities: Weir at Haldeman Creek: 1-15.0'W x 3.0'H with invert at elevation 4.5'NGVD. 1-3'sluice gate with invert at elevation 0.5'NGVD. Weir at Crown Pointe: 1-11.0W x 0.25'H with invert at elevation 5.5'NGVD. 2-12.5W x 1.25'H main weir crest with invert at elevation 5.75'NGVD. 1-5'sluice gate with invert at elevation 0.0'NGVD. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 8. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100)feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 9. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 11. The permittee acknowledges that, pursuant to Rule 40E-4.101(2), F.A.C., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 12. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245-6333 or(800) 847-7278, as well as Packet Page-1394- Applic 10/8/2013 16.A.10. Page 6 of 6 SPECIAL CONDITIONS the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 13. The permittee shall utilize the criteria contained in the Stormwater Pollution Prevention Plan (Exhibit No. 2.2) and on the applicable approved construction drawings for the duration of the project's construction activities. 14. The Urban Stormwater Management Plan shall be implemented in accordance with Exhibit No.2.3. 15. The exhibits and special conditions in this permit apply only to this application. They do not supersede or delete any requirements for other applications covered in Permit No. 11-01140-S unless otherwise specified herein. Packet Page-1395- erp_staff report.rdf 10/8/2013 16.A.10. Last Date For Agency Action: February 7,2012 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: LASIP Phase 19 B Permit No.: 11-01140-S Application No.: 110406-7 Associated File: 110714-11 WU Concurrent Application Type:Environmental Resource(General Permit Modification) Location: Collier County, S7, 18/T50S/R26E Permittee : Collier County Board Of Commissioners Operating Entity : Collier County Board Of Commissioners Project Area: 1.00 acres Project Land Use: Other Drainage Basin: WEST COLLIER Sub Basin: LELY CANAL BASIN Receiving Body: Haldeman Creek and Lely Branch Class:CLASS III Special Drainage District: NA Conservation Easement To District: No Sovereign Submerged Lands: No PROJECT PURPQSE ��: ... _. .,_ .. . _', � .,. Na ... -: This application is a request for a General Permit Modification authorizing construction and operation of a surface water management system serving a project known as LASIP Phase 19B with discharge to Haldeman Creek and Lely Branch. App no ' 110406-7 Page 1 of 5 Packet Page-1396- erp_staff_report.rdf 10/8/2013 16.A.1O. PROJECT EVALUATION: The site is located within the Lely Area Stormwater Improvement Project, specifically the section of Haldemen Creek and Lely Branch. The project area is adjacent to the Crown Pointe and Riviera Golf Estates developments to the east, and the Bougain Village at Queens Park and Kings Lake development to the west. A location map is attached as Exhibit 1.0. The proposed project is located within the Lely Area Stormwater improvement Project (LASIP), formerly known as District No. 6 Water Management System. LASIP was permitted in October 2004 (Permit No. 11-01140-S,Application No. 982828-1)for conceptual authorization and construction and operation of a surface water management system to improve the conveyance capabilities and to enhance water quality of the existing linear canals within Lely Canal Basin. The site contains existing man made canal and adjacent FP&L easement area. Approximately 1.0 acre of other surface waters will be affected by the proposed improvements by regrading and the installation of structures (weirs, headwalls, etc.). There are no wetlands located within or affected by the proposed project. No mitigation for impacts to other surface waters is required. FRPPOSEP:PROAEttiTA i �Tx The applicant proposes improvements on the section of Haldemen Creek between Lely Branch Canal and the community of Crown Pointe including a proposed weir at Haldemen Creek with a sluice gate,west of the Lely Branch Canal to control and redirect westward water flow into the Lely Branch Canal and eventually downstream into the Sabel Bay development. The existing weir structure located in Crown Pointe will be replaced with an improved weir including two (2) sluice gates to control upstream stormwater elevations and promote enhanced flood mitigation. This permit modification also proposes re- grading of the existing Haldemen Creek, an existing artificial waterway, adjacent to an existing Florida Power and Light (FPL) easement. The existing double box culverts in Haldeman Creek east of Lely Branch will remain in place and the rip-rap associated with them will be removed and replaced in order to accommodate the proposed ditch improvements. The plan and profile, and details are attached as Exhibit 2.0. The sluice gates will be operated as shown on Exhibit 2.1. WATER QUANTITY. Discharge Rate : The proposed project is consistent with the land use and site grading assumptions from the design of the surface water management system. Therefore, the surface water management system for this project has not been designed to limit discharge for the design event to a specified rate. WATER QUALITt.. An Urban Stormwater Management Program and Stormwater Pollution Prevention Plan specifications and guidelines are part of the proposed improvements as indicated in Special Conditions No. 13 and 14. No adverse water quality impacts are anticipated as a result of the proposed project. IIVif=TLANIIS App.no.: 110406-7 Page 2 of 5 Packet Page -1397- erp_staff_report.rdf 10/8/2013 16.A.10. Approximately 1.0 acre of other surface waters will be affected by the proposed improvements by regrading and installation of structures (weirs, headwalls, etc.). There are no wetlands located within or affected by the proposed project. No mitigation for impacts to other surface waters is required. lil/ildlife fsstaes =K, , The project site does not contain preferred habitat for wetland-dependent endangered or threatened wildlife species or species of special concern. No wetland-dependent endangered/threatened species or species of special concern were observed onsite, and submitted information indicates that potential use of the site by such species is minimal. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered/threatened species or species of special concern are discovered on the site. Pursuant to special condition No. 14 of ERP 11- 01140-S/Application No. 980828-1, the applicant will provide updated wildlife surveys for future areas proposed for construction. CERTIFICATION AND MAINTENANCE OF 3'HE WATER:;MANA'GEMEI� It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM)system. This will facilitate the completion of construction completion certification Form#0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District,and Rule 40E-4.361(2), Florida Administrative Code(F.A.C.). Pursuant to Chapter 40E-4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E-4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 110406-7 Page 3 of 5 Packet Page-1398- erp_staff report.rdf 10/8/2013 16.A.10. RELATED CONCERNS: Water Use Permit Status: The applicant has indicated that no irrigation is required for this project. The applicant has indicated that dewatering is required for construction of this project. Water Use Application No. 110714-11 was issued December 14,2011. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation. CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Potable Water Supplier: Utilities are not required for this project. Waste Water System/Supplier: Utilities are not required for this project. Right-Of-Way Permit Status: A District Right-of-Way Permit is not required for this project. DRI Status: This project is not a DRI. Historical/Archeological Resources: No information has been received that indicates the presence of archaeological or historical resources or that the proposed activities could cause adverse impacts to archaeological or historical resources. This permit does not release the permittee from compliance with any other agencies'requirements in the event that historical and/or archaeological resources are found on the site. DEOICZM Consistency Review: The issuance of this permit constitutes a finding of consistency with the Florida Coastal Management Program. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this application. STAFF REVIEW: App.no. 110406-7 Page 4 of 5 Packet Page-1399- erp_staft report.rdf 10/8/2013 16.A.10. DIVISION APPROVAL: NATURAL RESOURCE MANAGEMENT: 014 AA /7(�( .sL1A� DATE: 1/19/12 Laura Layman SURFACE WATER MANAGEMENT: YJf # 1/18/12 DATE: Daniel F. Waters, P.E. App.no. : 110406-7 Page 5 of 5 Packet Page-1400- 10/8/2013 16.A.10. f� _1 SOUTH F.LORIAA_W_ATER MANAGEMENT DISTRICT y, - ,; b District Headquarters:3301 Gun Club Road,West Palm Beach,Florida 33406(561)686-8800 www.sfwmd.gov CON 24-06 Application No.: 110714-11 General Permit No.: 11-03310-W December 14,2011 COLLIER COUNTY BOARD OF COUNTY COMMISIONERS C/O TRANSPORTATION ENGINEERING 3299 TAMIAMI TRAIL EAST, SUITE 303 NAPLES, FL 34112-5746 Dear Permittee: SUBJECT: General Water Use Permit No.: 11-03310-W Project: LASIP 19 B Location: COLLIER COUNTY, S7, 181T50S1R26E Permittee: COLLIER COUNTY BOARD OF COUNTY COMMISIONERS This letter is to notify you of the District's agency action concerning your Notice of Intent to Use Water. This action is taken pursuant to Chapter 40E-20, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and a General Water Use Permit is in effect for this project subject to: 1. Not receiving a filed request for Chapter 120, Florida Statutes, administrative hearing and 2.The attached Limiting Conditions. The purpose of this application is to obtain a Water Use Permit for dewatering to install utilities and a replacement weir structure. Withdrawals are from on site lakes and the water table aquifer via temporary well withdrawals. This Permit has a five-year expiration date; however, the permit duration is one year from the commencement of dewatering operations. The applicant shall notify the District at least 72 hours prior to commencement of dewatering. A copy of the permit, with its limiting conditions and dewatering plan, is required to be kept on-site at all times during dewatering operations by the lead contractor or site manager. The Permittee shall not withdraw more than 1,800 million gallons in the duration of this permit, nor more than 10 million gallons per day. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. Lower West Coast Service Center:2301 McGregor Boulevard,Fort Myers,FL 33901 (239)338-2929 Orlando Service Center: 1707 Orlando Central Parkway,Suite 200,Orlando,FL 32809 (407)858-6100 itAV- Okeechobee Service Center:205 North Parrott Avenue,Suite 201,Okeechobee,FL 34972 (863)462-5269 12/14/2011 Packet Page-1401- 10/8/2013 16.A.10. Application Number: 110714-11 COWER COUNTY BOARD OF COUNTY COMMISIONERS December 14,2011 Page 2 Date Of Issuance: December 14, 2011 Expiration Date: December 14,2016 Water Use Classification: Dewatering Water Use Permit Status: Proposed Environmental Resource Permit Status: Not Applicable Right Of Way Permit Status: Not Applicable. Ground Water From: Water Table Aquifer Surface Water From: On-site Lake(s) Permitted Allocation(s): Annual Allocation: 698,000,000 Gallons Maximum Monthly Allocation: 59,281,900 Gallons Proposed Withdrawal Facilities-Ground Water Source:Water Table Aquifer 1 -2"X 4 HP X 128 GPM Submersible Pump Proposed Withdrawal Facilities-Surface Water Source: On-site Lake(s) 1 -8"X 62 HP X 1200 GPM Suction Pump Rated Capacity Source(s) Status Code GPM MGD MGM MGY On-site Lake(s) P 1,200 1.73 52.5 631 Water Table Aquifer P 128 0.18 5.6 67 Totals: 1,328 1.91 58.1 698 Packet Page -1402- 10/8/2013 16.A.10. Application Number: 110714-11 COLLIER COUNTY BOARD OF COUNTY COMMISIONERS December 14,2011 Page 3 Should you object to the Limiting Conditions, please refer to the attached Notice of Rights which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have questions concerning this matter. If we do not hear from you prior to the time frame specified in the Notice of Rights, we will assume that you concur with the District's recommendations. Certificate Of Service I HEREBY CERTIFY that a Notice of Rights has been mailed to the addressee not later than 5:00 p.m.this 14th day of December, 2011, in accordance with Section 120.60(3), Florida Statutes. Sincerely, 01 ,1k,4044.4 Melissa M. Roberts, P.E. Supervisor Water Use Bureau MR /mt Enclosure c: Atkins North America Collier County Engineer, City of Naples Margaret Bishop Packet Page-1403- 10/8/2013 16.A.10. Application Number: 110714-11 COLLIER COUNTY BOARD OF COUNTY COMMISIONERS December 14,2011 Page 4 Limiting Conditions 1. This permit shall expire on December 14, 2016. 2. Application for a permit modification may be made at any time. 3. Water use classification: Dewatering water supply 4. Source classification is: Ground Water from: Water Table Aquifer Surface Water from: On-site Lake(s) • 5. Permittee shall not withdraw more than 1800 million gallons in the duration of this permit, nor more than 10 million gallons per day. 6. Pursuant to Rule 40E-1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E-1.6107, F.A.C. Pursuant to Rule 40E-1.6107(4), until transfer is approved by the District,the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-1.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: Collier County Board of County Commissioners do Transportation Engineering 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 Packet Page -1404- 10/8/2013 16.A.10. Application Number: 110714-11 COLLIER COUNTY BOARD OF COUNTY COMMISIONERS December 14, 2011 Page 5 Limiting Conditions 7. Withdrawal Facilities: Ground Water- Proposed: Surface Water-Proposed: 1 -8"x 62 HP X 1200 GPM Suction Pump 8. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells,change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to withdraw water consistent with provisions of the permit,such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference;or (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 9. Permittee shall mitigate harm to existing off-site land uses caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body(e.g.fill for construction,mining, drainage canal,etc.) (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use;or (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. Packet Page-1405- 10/8/2013 16.A.10. Application Number: 110714-11 COLLIER COUNTY BOARD OF COUNTY COMMISIONERS December 14,2011 Page 6 Limiting Conditions 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (1) Reduction in ground or surface water levels that results in harmful lateral movement of the fresh water/salt water interface, (2) Reduction in water levels that harm the hydroperiod of wetlands, (3) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (4)Harmful movement of contaminants in violation of state water quality standards, or (5) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated,the permit shall be subject to review and possible modification, enforcement action,or revocation. 12. Authorized representatives of the District shall be permitted to enter, inspect, and observe the permitted system to determine compliance with special conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permittee shall submit all data as required by the implementation schedule for each of the limiting conditions to: SFWMD, Regulatory Support Division, MSC 9611, P.O. Box 24680, West Palm Beach, FL 33416-4680. 16. The Permittee is advised that this Permit does not relieve the Permittee of complying with all county, state, and federal regulations governing these operations, maintenance, and reclamation of the borrow pit. 17. The excavation shall be constructed using sound engineering practice. If the excavation endangers the properties of adjacent owners through erosion, side wall collapse, etc., the Permittee shall cease operation upon notification by the District until a method to prevent such occurrences is found and instituted. 18. Permittee shall immediately cease dewatering when continued dewatering would create a condition hazardous to the health,safety, and general welfare of the people of the District. 19. Permittee shall be responsible for clearing shoaling if the Permittee's dewatering operation creates shoaling in adjacent water bodies. Packet Page-1406- 10/8/2013 16.A.10. Application Number: 110714-11 COLLIER COUNTY BOARD OF COUNTY COMMISIONERS December 14,2011 Page 7 Limiting Conditions 20. Permittee shall comply with turbidity and general water quality standards for surface discharge into receiving streams, as established by Chapter 62-302, Florida Administrative Code. 21. Permittee shall not lower the water table below the following depths: -7 feet NGVD 22. A copy of the permit, its limiting conditions, and dewatering plan is required to be kept on site at all times during dewatering operations by the lead contractor or site manager. 23. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40E-21, F.A.C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E-21, F.A.C. 24. At least 72 hours prior to initial dewatering, the Permittee shall notify the District that dewatering is about to commence and verify all precautions are in place prior to project commencing with pumping operation,including: A) The location and design of the recharge trenches and on-site retention areas where dewatering water will be retained. B) The location of monitoring facilities,and C) Other appropriate site-specific issues related to the protection of the resource or other existing legal users. Failure of the permittee or his representative contractor to notify the District before dewatering is initiated will result in enforcement action. If necessary,the District shall conduct a site visit. Notification of commencement of dewatering can be made by contacting: Scott Korf at 239-338-2929. 25. Dewatering is authorized by this permit for a duration of one year from the date provided to the District by the Permittee in accordance with the notification requirements as stated in the Limiting Conditions of this permit. 26. The Permittee shall conduct dewatering activities in adherence to the following operating plan: Details for the dewatering facilities for this project are included as Exhibit 4. A dewatering narrative including effluent monitoring and turbidity control is included as Exhibit 5. Plan sheets showing the locations of dewatering activities and discharge, including turbidity monitoring notes and sampling locations and general notes is provided as Exhibit 6.Pumping calculations are included as Exhibit 7. Packet Page-1407- 10/8/2013 16.A.10. Application Number: 110714-11 COLLIER COUNTY BOARD OF COUNTY COMMISIONERS December 14, 2011 Page 8 bc:Michael Taylor, P.G. C.Tears Permit File S. Korf WU Compliance-T. Schwetje ADDRESSES Atkins North America Attn: Justin Barrington 482 South Keller Road Orlando, FL 32810 Collier County Attn: Margaret Bishop 2885 S Horseshoe Drive Naples, FL 34104 Engineer,City of Naples Attn: Naples 735 Eighth St South Naples Naples, FL 34102 Margaret Bishop Attn: Margaret Bishop 3327 Tamiami Trail East Naples, FL 34112-4901 Packet Page -1408- 10/8/2013 16.A.10. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at(561) 682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev.07/01/2009 1 Packet Page-1409- 10/8/2013 16.A.10. Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 112 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none,the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may,for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla.Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3)and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev.07/01/2009 2 Packet Page -1410- 10/8/2013 16.A.10. 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Fr-, r r `- P }� r : " -.�i j4trr rrr -r T51 rrrr -r'r '1- rrr rrr rrr t--�rrr•r k-rr r : rrr r rrrrr r rrrr -,-� , , ,:;fir• rrrr rrrr rrrr rrr, rr rrr rr rrr r•-r rrrr r i rrr k-rrrr rrr; r rrr r rr rr rrr ifi IP• s a i ! rrrr "7'rF rrr- + . r T52 t� rrt--r-'r° ;?""-r� t k�°s-"�.' �--�-�_ 8-,`-'r``r r rrr 4.71:- ... rrr-rrr• rrrrt rrrr ';11-47--- rr"'!-Frr'"ir" :'p=rrr 1rr-P.P; •.4r_ ,:, ,, t'� rrr r l-,- I-, rr r rrr rrrrr a :�_ —. rd—rrr• 7771-'1.: 1� �! ■t -rrr rrrr rrr rrrr r rrrrrr rrrrr. rrrr" -'i- t- it E rrrr 153 � rrrr 7-7'rr"-T- r i-;T—r rrr. t-E. err i r r r p1 ' ? COLLIER COUNTY, FLORIDA N A 110714-11 Map Date: 2011-12-08 Application Number. p �•,.r �'--- Permit Number 11-03310-W ti--L Sec 7, 18/Twp 50/Rge 26 Mr Project Name: LASIP 19 B ?+ 0 10 20 Miles Exhibit No: 1 Packet Page-1411- 10/8/2013 16.A.10. .., ire a+3 1 ,der A . .— `°4' , Y' '~-t Y r h,i, ..�.• _, 1, TERN DR �'6 a rs� � NPR t- e'm„•r r r .- ., ael. • — 9 i . 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' t. .t.''';- °�e, } .w.; .. ,. cF.� t _ ._:a, a .L i W' 6 °_ +.r 4 ,t'G9 ` .- .j "_ tp o- 1 _ 'a MARSEILLE DR q 1� r — , O� ;DALE'AV E y Gts%_ • =�F�ON l L� c ,s` _ O , R»` r - w ; � F . ..e C/ r ^SS,,....,-.±.4 #!4'+� •ffi�: em (�' ..y is. > d' yCINDYYAVE ," ��- saw $ i' ''t,y` . a,m ''-®'me -'. - w- 0.' .° O�C�„8 0' } 0,• ,.MOHAWK PL ma y. = OQ rery„ ,,_q,! .. w . < �P w• W .;t"- , � .2i 4 s,° •�r" ..y ...... J .1 .. Z Z Z. MIND!AVE ■: z ,. O .;'_. ,a--- W 'l A Q z .,` � 2 2 ROSE AVE ��� PP"�' a, � ¢ MENTONLN `�.e iI7, z " J e J r � . " r° ,•.a p. ` P - ° "°° THOMASSON LN i CR-864 w aa 4 c - � : aK G " `Q t l 0' rN �, N 4� r�� g' - 1e -- SILO a-ICr 4 , F dk „Y COLLIER COUNTY, FLORIDA N ••■ Legend il i 7J Application Map Date: 2011-12-08 1 I._ Application Number: 11071411 Permit Number: 11-03310-W ' ` Sec 7, 18/Twp 501 Rge 26 Project Name: LASIP 19 B IP. _- it. 0 0.25 0.5 i3=-..•- - Miles Exhibit No; 2 Packet Page-1412- . 10/8y2013 16.A.10. 0. F11",:', 2 ....,,,,. ,4-7.-.--.7:..".":_r:474. -171-4(il* ':,',.7- 74 -;-''''`";t:-•;..„::;i•V,'1';,i ''.:',77:7,;•,.;.i•rr.•,.;--47.- '.'-'--.. :.t;'..il-f",-:21." . . , 1.• -,.--.7...7,--,-.: .,-- ......-,,,.... ...-itt- ,, - N , IDA A !COLL|ERCOUNTY, U U Application Map PUMP — - 11111111 ' | | /� lk�d�nNunobec 110714-11 P�nm� Nunober 11-03310-W 1 � ' ' Gen 7, 1�/Tvmp 50/ Rom 28 1 Project Name: LAS|P1S11 . ' ' -- - "� ` 0 90 180 G Feet Exhibit No: 3 Packet Page -1413- 10/8/2013 16.A.1O. r m cm 0_ U, E CI. C CO d a, at w al a. J CO C O a) CI co w ? J r r as a & O O LL1 N C f0 fa U N or a. a cn co T' (0z x v a) CC a` .e a p a) a) L co v r y W U 4) 4 a) N N a) d'O a a) 1"' i.. O a N C f9 ) ti O C C .0 � 5 N r - E .0 0 ._ 0 co 7 7 7 r W ,-Lo f9 .L a) T To Q e- N d d d CO N Z SID ft a 2 0 d � a °' > C o E H m0 0 Q i7 C d d m a °a s 4 a E Z c d Co ° a, c ro s a s m ,� ~ a o c9 a >, 6. aaa c >, C o ; t r w• CI a c co (4 03 = W 0 E c 4) R 00 4) 4 v cu a 'C Q a z2u`.. ulas o a' 0. 1-3 W a mu- "L < = U) Exhibit Page-14Exhibit No: 4 10/8/2013 16.A.10. SFWMD WU ePermitting Report Page 3 of 5 Pump Horsepower hp Pump Diameter 412 inches Pump Intake Elevation _ feet(NGVD) Identify Water Use Type Is the Pump a Two Way Pump Yes t No Select meter Description none Pump Coordinates for easting planar coordinate Pump Coordinates for northing planar coordinate County COLLIER Section 7.18 Township 50 Range 7S2 Culvert Details Status of Right of Way :`The project is permitted for ROW 'Permit Number ;,_`ROW permit is applied for Application Number ROW permit is not required Reclaimed Water `Does your project include reclaimed water? I Yes ?''No Water Use Details Amount of the request: 7.18 (Million Gallons per Day) Duration of the request: 0_1 (Years) Dewatering What is the maximum day pumpage 1.91 (Million Gallons per Day) The project proposes to install a concrete weir at Haldemen Creek.a remove and replace a concrete weir Describe the purpose of use or withdrawal and the for the outfall of Crown Pointe retention pond,install, activity to be performed concrete headwall. and re-grad the existina Haldemen Creek.The dewaterino operation Is needed for the construction of the proposed storm water im_provements. The existina surface water elevation in Haldeman Creek Describe in detail why dewatering is necessary will need to be drawn down to re-grade and install the proposed stormwater improvements. http://my.sfwmd.gov/crosdk/content/ifs/apps/RegDocFo`der/Applications1ReportAppNo 11... 12/8/2011 Exhibit 5 Application Number 110714-11 °age 1 of 2 Packet Page -1415- 10/8/2013 16.A.10. SFWMD WU ePermitting Report Page 4 of 5 Describe the Method of proposed excavation f rvoical eouioment will be used such as backhoes style knachinerv. Provide the following existing water table elevations wet season (ft,NGVD) dry season (ft,NGVD) Provide the elevation to which ground water will be drawn-7 (ft,NGVD) down— Provide the maximum depth of excavation-55 (ft,NGVD) Provide the operation schedule hrs/day 24 days/week 7 Provide the duration of the water use 2_6(weeks) Will discharge water remain on-site? Yes•' No Water aenerated from the dewaterinq operation will be either held in a temporary onsite settling basin or discharge to the Crown Pointe retention pond. When the settling basin reaches capacity, It will discharge over a temporary sheet pile weir into Lely Branch. Discharge If no, identify the drainage point and describe the shall be monitored to ensure state water duality standards proposed monitoring program are met prior to discharoe. For the proposed dewatering steps. please refer to the attached dewatering operational plan. Please note that the documentation of authorization that allows the applicant to discharge of the receiving waters is forthcornina and will be submitted under eoerete cover. Describe the method used to calculate the"maximum daily pumpage"and'average daily pumpage". If more than one item(pipeline,structure,etc.) is to Please refer to the attached Pump-1 and Pump-2 bedewatered,please attach a spreadsheet listing the calculations sheets included with this application. items,total number of days for each,the maximum daily pumpage,average daily pumpage and total for each item Existing and/or Potential Water Problems Presence of Water Problems i)Yes"±a No potential for proposed use to cause water problems or impacts `. Yes No Supporting Documentation File Name File Size location map.pdf 739 KB site map.pdf 1 MB apptable b pump data.pdf 153 KB dewatering pump-1 calcs.pdf 16 KB dewatering pump-2 calcs.pdf 16 KB dewatering plan c-600.pdf 763 KB http://my.sfwmd.govi crosdk/content/ifs/apps/RegDocFolder/Applications/ReportAppNo 11... 12/8/2011 Exhibit 5 Application Number 110714-11 °age 2 of 2 Packet Page -1416- 10/8/2013 16.A.10. gg 1y m 1 �o ; 41 4'0aa I $tea y aw hl t2' i . RE; I o Ise pit a.% : i a "° 4 igidiE im! ;:i s `0 gig 111;411 ' !1.3 i. tdilsag ;Ea z� it2eW ggips , 1441' glgAg0 11r Vat ?` �e �m"atWUO gds R > s� az :�rd�° MI p e. su.E I. i E a S. gmxr '., 8 11, ! Id r d- �; ' I{ g I �: : h4�I 4I I UP; _ s , 4, ,1Vi( LL �t�`..p��n tT"'_""-•;;;;;',3` 4'41:; , t. o M.ti - ..-K - ,t ar L--..... :'y-..n--re:-.'cti�+ -. I „,,•,'��`.fit,; Pi Q '1 ' 11,x, ' - 1- W f�y 1 r s t F d .- 1 - 1 O o ' tip.• I , o 4 z el- cn s =t cn w ':,+#j � Q J Ce } T [, � Eb c' - .... ._.. } - 3 - __- ! x i « 1 Z `€ U E P- - 3 7p 2 sa �> sc • t.. .I1 .jg1R" ;ip el h .' <Vw$� j,gwy ;gnu a n '[e 1. -2 lg��E l 1ex. gym- � t� � Y��€«��Wg I y ��'� &€0� �" S°F"i�C��K�'iic�l�<`zoW,�r¢��� Q�°rcW aW�;° °gig y°� �"' - S �. sow a 1 ; aR d�-1851hR3b °'t €41 a.�= ='EU sa' �q�9° li:O Exhibit 6 Application No. 110714-11 Packet Page-1417- Page 1 of 1 10/8/2013 16.A.10. LASIP,Phase 19B PUMP-1 DEWATERING CALCULATIONS-CONSERVATIVE SCENARIO (using 9ft per day) July 08,2011 ASSUMPTIONS: Pump used:Thompson 8"Vacuum-Assisted WeIlpoint Pump 1200 RPM,Model#BVW-DJDST-4045D Pump Rates&Volumes will vary based on actual pump(s) used by Contractor. Pump is on 24 hours a day for 15 construction days. Initial Drawdown Volume= 1,225,000 Gal (based on excavation&water elev=6.10') Worst Case Inflow Rate from sides of excavation surface area approx 19,760sf @ 9 ft/day: 9 ft/day x 19,760 sf x 7.481 gallcf= 1,330,421 GPD, or 924 GPM Inflow Rate,After Initial Drawdown,once excavated,from bottom only: 9 ft/day x 5,200 sf x 7.481 gal/cf=350,111 GPD,or 243 GPM STATIC- Headloss Calc Pump Intake Elev= 9.00 ft Ground Elev= 6.00 ft Bottom of Excavation Elev= -5.00 ft Bottom of Welipoint Intake Elev= -7.00 ft Static Headloss = 16.00 ft MANIFOLD INTAKE AND DISCHARGE PIPE-Headloss Calc Nominal Diameter= 8 in Using 1 pump @ 1200 GPM @ 30'TDH Total Flow, 0' = 1200 GPM Pipe Head loss: Hazen and Williams equation H=.002083(L)((100/C)^1.85)x(g pm^1.85/d"4.8655) L=Length in feet C, Friction Factor = 130 PVC Pipe Length = 520 ft manifold and discharge outfall pipes Pipe Head loss= 13.38 ft Total Dynamic Head = 29.38 ft Pump Row Rates&Volumes Pumping Duration (days) initial Drawdown: One Pump On at Full Flow: 1200 GPM subtract inflow during initial drawdown: 924 GPM <===worst case actual net outflow pumping rate w/1 pump on: 276 GPM (flow gpm)(60min/hr)(24 hrlday)= 397,440 GPD 3.1 1,225,000 GAL Continual Drawdown:(Minimum required pumping to maintain initial drawdown) inflow rate from bottom surface only: 243 GPM (flow gpm)(60minlhr)(24 hr/day)= 349.920 GPD 15.0 5,248,800 GAL 18.1 6,473,800 GAL TOTAL PUMPAGE VOLUME: 6,473,800 GAL AVERAGE DAILY PUMPAGE: 358,020 GPD (Total pumpage/ 18.1 days) MAXIMUM DAILY PUMPAGE: 1,728,000 GPO (1200 GPM during Initial Drawdown without any inflow) Exhibit 7 Application Number: 1100714-11 Page 1 of 2 Packet Page-1418- 10/8/2013 16.A.10. LASIP,Phase 19B PUMP-2 DEWATERING CALCULATIONS-CONSERVATIVE SCENARIO (using 9ft per day) July 08,2011 ASSUMPTIONS: Pumps used:Myers 4"High Flow Electrical Submersible Pumps, 1 hp,Model#SS10-25 Pump Rates&Volumes will vary based on actual pump(s)used by Contractor. 4"Wells with 2"vertical discharge piping,and 6"manifolded horizontal discharge piping. Pumps are on 24 hours a day for 10 construction days. Initial Drawdown Volume= 164,900 Gal (based on excavation&water elev=6.10 Worst Case Inflow Rate from sides of excavation surface area approx 1,000sf @ 9 ft/day: 9 fUday x 1,000 sf x 7.481 gal/cf=67,329 GPD,or 47 GPM Inflow Rate,After Initial Drawdown,once excavated,from bottom only: 9 ft/day x 800 sf x 7.481 gal/cf=53,863 GPD,or 38 GPM STATIC-Headloss Cale 6"Manifold Pipe Elev= 9.00 ft Ground Bev= 6.00 ft Bottom of Excavation Elev= -5.00 ft Bottom of Pump Intake Elev= -7.00 ft Static Headloss= 16.00 ft MANIFOLD AND DISCHARGE PIPE-Headloss Caic Nominal Diameter= 6 in Using 4 total pumps each @ 32 GPM @ 17'TDH Total Flow,'Q' = 128 GPM Pipe Head loss: Hazen and Williams equation H=.002083(L)((100/C)^1.85)x(gpm^1.85/d^4.8655) L=Length in feet C,Friction Factor = 130 PVC Pipe Length= 100 it manifold and discharge outfall pipes Pipe Head loss= 0.17 ft RISER PIPE Inside of well casino-Headloss Calc, Nominal Diameter= 2 in One Pump Flow,'Q' = 32 GPM @ 17'TDH Pipe Head loss: Hazen and Williams equation H=.002083(L)((100/C)^1.85)x(gpm^1.85/d^4.8655) L=Length in feet C,Friction Factor = 130 PVC Pipe Length= 14 ft Pipe Head loss= 0.37 ft Total Dynamic Head= 16.54 it Pump Flow Rates&Volumes Pumping Duration(days) Initial Drawdown: 4 Pumps On at Full Flow: 128 GPM subtract inflow during initial drawdown: 47 GPM <===worst case actual net outflow pumping rate w/4 pumps on: 81 GPM (flow gpm)(60min/hr)(24 hr/day)= 116,640 GPD 1.4 164,900 GAL Continual Drawdown:(Minimum required pumping to maintain initial drawdown) inflow rate from bottom surface only: 38 GPM <= all 4 pumps on flow will be split between 4 pumps on: 9.5 GPM <--for each pump (flow gpm)(60min/hr)(24 hr/day)- 54,720 GPD 10.0 547,200 GAL 11.4 712,100 GAL TOTAL PUMPAGE VOLUME: 712,100 GAL AVERAGE DAILY PUMPAGE: 6,920 GPD (Total pumpage/11.4 days) MAXIMUM DAILY PUMPAGE: 184,320 GPO (128 GPM during Initial Drawdown without any inflow) Exhibit 7 Application Number: 1100714-11 Page 2 of 2 Packet Page-1419- 10/8/2013 16.A.10. EXHIBIT L: STANDARD DETAILS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: n!a 90 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page-1420- 10/8/2013 16.A.10. EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: Plans and Specs 91 ITB 13-6139 LASIP 19B Haldeman Creek &Crown Pointe Weirs Packet Page -1421- H6 T dISWJ 10/8/2013 16.A.10. i ¢, a§ a2 R I1 1 ,11 .11 A��� r` 3f 3 W- Ala �l'. U z ° W > �� n,o JNJ Fe a. 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