The URL can be used to link to this page

Agenda 05/22/2012 Item #11C5/22/2012 Item 11.C. EXECUTIVE SUMMARY Recommendation to award a construction contract in the amount of $1,237,212.62 to Quality Enterprises USA, Inc. and reserve of $109,894 on the purchase order for funding allowances, for a total of $1,347,106.62 for ITB No. 11- 5718RR — "Oil Well Road Bridge Replacement ", Project No. 66066. OBJECTIVE: To award a construction contract for Bridge Replacement ( #030152) on Oil Well Road (CR 858) over the Barron River Canal to Quality Enterprise USA, Inc., in accordance with Bid No. 11- 5718RR. CONSIDERATIONS: The project was submitted for re- advertisement of bids on January 23, 2012. Over 1,626 notices were sent out and 140 packages were downloaded. The County received six (6) bids for the Project on April 17, 2012, as follows: Contractor Bid Quality Enterprises USA, Inc. $1,347,106.62 Wright Construction $1,395,727.60 Shoreline Construction, Inc. $1,403,883.52 Zep, Inc. $1,413,443.30 Manhattan Construction $1,457,047.61 Thomas Marine Construction $1,523,870.00 Quality Enterprises is the apparent low bidder at $1,347,106.62. The Engineer's estimate for the project was $1,375,885 (including allowances). The low bid is nearly 2.09% below the Engineer's estimate. All of the bids include the $109,894.00 funding for Allowances. Bridge No. 030152 has been identified on the FDOT biennial Bridge Inspection Reports as functionally obsolete with a poor Sufficiency Rating (which is one of the measures used to evaluate a bridge's ability to remain in service). The bridge width is narrow and the bridge has sustained damage on three separate occasions in 2010 caused by trucks being unable to navigate the tight turning radii from SR 29. In 2007, the County commissioned a full Bridge Evaluation and Assessment Study to identify repair or rehabilitation alternatives. That Study recommended that this Bridge needed to be replaced. FISCAL IMPACT: Funds in the amount of $ 1,347,106.62 will be funded from gas taxes in Project 66066. GROWTH MANAGEMENT IMPACT: The replacement and construction of Bridge 030152 on Oil Well Road over the Barron River Canal east of SR29 is identified in our 5 -year Bridge Program and does not conflict with the Growth Management Plan. Packet Page -309- 5/22/2012 Item 11.C. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: Recommendation to award Bid No. 11- 5718RR to Quality Enterprises USA, Inc. in the amount of $1,347,106.62 for the replacement and construction of Bridge 030152 on Oil Well Road over the Barron River Canal, and to authorize the Chairman to execute the attached contract with Quality Enterprise USA, Inc., after County Attorney review. Prepared By: Marlene Messam, P.E., Sr. Project Manager, TECM Attachments: (1) Bid Analysis; (2) Tab Sheet Revised; (3) Construction Agreement; (4) Final Bridge Evaluation & Recommendation Report Packet Page -310- 5/22/2012 Item 11.C. COLLIER COUNTY Board of County Commissioners Item Number: 11.C. Item Summary: Recommendation to award a construction contract in the amount of $1,237,212.62 to Quality Enterprises USA, Inc. and reserve $109,894 on the purchase order for funding allowances, for a total of $1,347,106.62 for ITB No. 11- 5718RR - "Oil Well Road Bridge Replacement ", Project No. 66066. (Jay Ahmad, Transportation Engineering Director) Meeting Date: 5/22/2012 Prepared By Name: MessamMarlene Title: Project Manager, Senior,Transportation Engineering 4/17/2012 3:28:35 PM Submitted by Title: Project Manager, Senior,Transportation Engineering Name: MessainMarlene 4/17/2012 3:28 :37 PM Approved By Name: RitterSteve Title: Manager - Road Construction,Transportation Engineering & Construction Management Date: 4/26/2012 3:26:17 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 4/27/2012 12:11:34 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 4/28/2012 3:56:53 PM Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 4/30/2012 7:41:36 AM Packet Page -311- 5/22/2012 Item 11.C. Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 4/30/2012 8:11:38 AM Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 4/30/2012 8:44:49 AM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 4/30/2012 3:24:02 PM Name: ShueGene Date: 5/1/2012 2:22:55 PM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Administr Date: 5/1/2012 2:31:26 PM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 5/2/2012 10:47:05 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/2/2012 12:31:02 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 5/8/2012 9:13:24 AM Name: KlatzkowJeff Title: County Attorney Date: 5/9/2012 2:49:15 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/14/2012 10:54:53 AM Name: KlatzkowJeff Title: County Attorney Date: 5/14/2012 1:07:03 PM Packet Page -312- Name: OchsLeo Title: County Manager Date: 5/14/2012 3:27:05 PM Packet Page -313- 5/22/2012 Item 11.C. Oil Well Road Bridge Replacement COLLIER COUNTY BID NO. 11- 5718RR COLLIER COUNTY, FLORIDA Brenda Briihart, Procurement Strategist Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 Design Professional: Stanley Consultants Pm *wing Departent- 3327 Tamiami Trail East - Naples, Fiorida 34112 4001 - www.col6ergov.n6purchasing ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -314- 5/22/2012 item 11.C. 1 Cr Cowity AdrniNs a ServkmsDMsi= Pwchasirn, Memorandum Date: March 13, 2012 5/22/2012 Item 11.C. Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM 3 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 3: 11- 5718RR Oil Well Road Bridge Replacement The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The bid due date is extended until 2:30 pm April 17, 2012. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Marlene Messam, Senior Project Manager Gary Putaansuu, Principal Project Manager 1 Packet Page -315- r a -r 1 -" ", - Its I Memorandum 5/22/2012 Item 11.C. Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM Date: February 22, 2012 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 2: 11- 5718RR Oil Well Road Bridge Replacement The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The bid due date is extended until 2:30 pm March 21, 2012. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Marlene Messam, Senior Project Manager Gary Putaansuu, Principal Project Manager I Packet Page -316- ME r ► r Memorandum 5/22/2012 Item 11.C. Email: brendabrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUMI Date: January 27, 2012 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 1: 11- 5718RR Oil Well Road Bridge Replacement The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The bid due date is extended until 2:30 pm March 7, 2012. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. C'. Marlene Messam, Senior Project Manager Gary Putaansuu, Principal Project Manager 0 Packet Page -317- 5/22/2012 Item 1I.C. TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ................................................................................. .............................13 BIDSCHEDULE .......................................................................................... .............................14 MATERIAL MANUFACTURERS ................................................................. .............................15 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................16 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................17 TRENCH SAFETY ACT ................... .....18 .................................................... ............................... AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................19 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................20 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ........................ .............................21 BIDBOND ................................................................................................... .............................25 BIDDERSCHECK LIST .............................................................................. .............................26 CONSTRUCTION AGREEMENT ................................................................ .............................27 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................34 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................37 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................40 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................44 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................45 EXHIBIT E: CHANGE ORDER .................................................................... .............................49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................50 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................53 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................54 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................83 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................84 EXHIBITK: PERMITS .................................................................................. ............................85 EXHIBIT L: STANDARD DETAILS ............................................................. .............................86 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................87 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............88 ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -318- 2 5/22/2012 Item 11.C. PUBLIC NOTICE INVITATION TO BID Oil Well Road Bridge Replacement COUNTY BID NO. 11- 5718RR Separate sealed bids,for the construction of Oil Well Road Bridge Replacement, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 22nd day of February 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A pre -bid conference will not be held for this solicitation. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Oil Well Road Bridge Replacement, Bid No. 11- 5718RR and Bid Date of February 2012. 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 .E-Procurement website: www,colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -319- 5/22/2012 Item 11.C. 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 (200) 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 23rd day of January 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -320- 4 5/22/2012 Item 11.C. PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid. Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner pages 13 - 27 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -321- 5/22/2012 Item 11.C. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder, 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may. be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -322- 5/22/2012 Item 11.C. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general ` partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -323- 7 5/22/2012 Item 11.C. C. Become familiar with all federal, state and local laws, ordinances, rules, anc regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time: 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. ITS 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -324- 5/22/2012 Item 11.C. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract 'in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of award, signed by a. Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at hftp://www.colliergov.net/Index.asox?pa-Qe=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (FL St 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -325- 5/22/2012 Item 11.C. bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit,. an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 1TB 11- 5718RR Oil Well Rd Bridge Replacement 10 Packet Page -326- 5/22/2012 Item 11.C. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful' Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use ITB 11- 5718RR Oil Well Rd Bridge Replacement 11 Packet Page -327- 5/22/2012 Item 11.C. on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a proiect for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(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." ITB 11- 5718RR Oil Well Rd Bridge Replacement 12 Packet Page -328- 5/22/2012 Item 11.C. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Oil Well Road Bridge Replacement BID NO. 11- 5718RR Full Name of Bidder Quality Enterprises USA, Inc. Main Business Address 3894 Mannix Drive Suite 216 Naples FL 34114 -5406 Place of Business Same Telephone No. 239- 435 -7200 Fax No. 239- 435 -7202 State Contractor's License # CBCA57231 SDC097398 State of Florida Certificate of Authority Document Number F95000002550 Federal Tax Identification Number 54- 0947oo2 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case, where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. ITB 11- 571BRR Oil Well Rd Bridge Replacement 13 Packet Page -329- 5/22/2012 Item 11.C. BID SCHEDULE Oil Well Road Bridge Replacement Bid No. 11- 5718RR Bid Schedule Provided in Separate File ITB 11- 5718RR Oil Well Rd Bridge Replacement 14 Packet Page -330- V q H Q CA a M rl H q W O' C a a U t0 Q. C. a 00 ri to CO 'O O 5/22/2012 Item 11.C. Packet Page -331- N O H 0 O� 0 0 to 0 fl_ O O O O O O M N CD 0) O "t 4pp d; CO 0 O 00 CO M O O O O O D M 0O 0 O 0 Ut 0 N O f- O I- N M O O B O O O O O O O O CN w N It V O O 0) 0) 1*- CO CO W) CC N r O in O r 0) I.: C d Cd CO 1. O O N O r r d 00 CD r O lh Il- I- CO CD M r r LO O N CD CD CO 00 N CD CD v M In O I� 0 O 0 CA V d N 0) CO (N r M 0 N O d' CO CO N N N M N I T T O c} C) M M M C M N � c7 M M a O N� r v T- c, I- M CO v N CO �f N l r H O T et v 0 0 0 M O in O w CD CO CO (4 9) O O O O M to )t) A O O CO O O to O u) O 00 r tq CV �! CD M CV CD 0C) O O O N h r tC� r e- OD N M O M CO N r r fn r O> CO 00 tV M (� O 2 O G ti tp O O CA tO M N r- r f+ 0 N M CG O O O N tt M O N O a N 1+ 0 CV h fh Ln t� CD 1i1 a CD `e M r r M M O CD CV N F- O M N r N N Z r 7 r T 0 O N N CD r tD O M CO r I� r CA O N �t d' O O Cp CA r CO r O� d' }, r M W O M M CO O IM r CD 000 I- ti N '� CO 0 F- T r M tD M N N 0 N T N 0D N It T T r V J J J J Q J IL J J J Q Q Q Q L1.i Q W = J Q U U en w� H I- U W LLI (n t}!� w in in J LO ° CO U ❑ a w r w = ❑ J 1.L ri. w LY O T U W ❑ U. O Z J Q LLI m � 2 •0 o Q >- j¢ Z Q w d 0 a 0 V Z Q Vz LZu CL O 0 0 r < OU U a ❑ JQ O CL Z❑ ~ `v a. ¢ Q w p O C7 w w ❑ LL Q m C7 Z Z C7 w n U W Z C7 �- O �. Z Z _� w d ni >- ¢ a. Z w m O eta J w w w¢ > D g >- ? m O O cn Q = J W c. y w F- O P O 1- } I- W � CO > W u X Q W -i U Z F- 'u 0L w❑ m¢ _> H ¢¢ m CL CO Q = a f- w it Q U) w w o a O U w m rr U 0 0 rn U) z C7 z C� z C� Cr > 0 Z U ? 0 X �- j LLF Q� Q Z O �� ❑❑ J V Z O R v� U W W <n (n fA Y U J O m o0 w m w O w m Z CO U J_ J_ J zl- ^ CA to C/J a U. �- z I w U w z aaa�� ¢ �zzZZ�Y�QU�a►-JZU� w W g z m z c� J ° w °w¢��d�aQ. z ts! ❑ ❑° U y o w w w d J mZOp E- F` �ma��0- Z x w Cn U tr oQ¢¢ It Y J J J U n1�- w N O¢ I�i oL wLUF�z O �= a 0 zzz m W a a w ~ 2 2 w c� J w J U W M 2 W >- r C O M(n = Ui Q U? a J ¢ U w O O a w s It W n w w(0 O a LO ~ 0 N Q a � dO r r Or r r r CO r 9 n N r h z Z N N i N i C'7 H O In 0 O O O t O N CD O m O O 0 O O 66 0 0 O O T N m N N .- M M M y C Q V C N N 0 K 0 LO V N 0 0 Packet Page -331- N O H A N di LrJ W d W A W s.� rl r-I td O' C Cu E v u M O Q O W. t �! �-' Co rl Co 'O F- M Q w d O 5/22/2012 Item 11.C. Packet Page -332- G N T- Lti O Ltd M O O M O O O O v O O O O O O CA %- N .r. M CO O �t N O O N 0 0 0 N O tf) r Lfl 0 0 N M� CO CD M V N 4 0 M 0 O CA h M 0 w N 0 O M M 0 0 O 0 0 '� 0 O f- M CO M M M O CO C CA CO (p N V MP LC) P- t- M M O M N t- O O M 0 � N CO N M N M CO O C) 'd_ r r� 0 Lo CD y N N r O N et O to M CD Ch O (0� r O O t- O O � r OOi M �! T yf} 69 Vi W O N M M to I� O N O) CD M Cn O 0 to CO O N to N O O O O H O tf) M to N 0 r 0 LA 0 Cn 0 O V r Q h .- V O O e- Il- to M r CV to M M N O r CA N r r�� O M Or d n W) r F W LC) O 1 Z r LO Cd CO C1( O T LO r Co N r Co to CO N r 00 N r T ZO mot; tT O �t CV N d M d N h UD e- W N r r r M F. O O M r .N to r Q ZLL Q LL LL N LL > > LL m LL LL LL LL > - N = Z J w Z J J J L7 'v ❑ O J � as �Q W W H � 2 S W W U Q O of O CO U tai ie 6 ¢¢ Ar p p a O � w J¢ p(n U) m Co m w z z? �: m w � -� t w w 0 0 O 2 w a O CO M W O r>- U w w�Lu 000°Y Z Y w J N O. w C9 t7 Z O W U Uzi ❑❑❑ N C) m U D Fw- N Z z J m z w w Z Z � C9 Z Z O_ .O v❑ p in � U w o Z cn o_a cn cn Z~ o � ¢ cn J w p U 0 O D U U U V U U N > m W U Z W X W O U W 0) U) 0 0 N� Q W (�) LL D� CA °��gg a ~ ��0w�z�U) Lli z� m >z ZY 7d >wa��E?��c�� °�� w w w w w w w g z U Z O W Z ur (D ? z� O d 0 fn O S =_= z z w ¢ W m 2 2 1- h- 1- an d U t li U b Q: R F- U 2 H F Ca _ LU d Z M Y o r v N N 0 IW^- m Ur }'- t- N 4L N M CV >a r- r T r r T C7 O CS N 1j) N O O O tp r to 0 U) In O w r N O V V ar O 0 V• Vi V' V' V' an to C1 m IMIE1 m Packet Page -332- G N 5/22/2012 Item 11.C. 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. 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: qtr �rara, {ape trca, .n :. Signat e Date: 4/17/12-'-. Louis J. Gdudie, Vice :President Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 1. EXCEPTION MANUFACTURER 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Date: ITB 11- 5718RR Oil Well Rd Bridge Replacement 15 Packet Page -333 - 5/22/2012 Item 11.C. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON- RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major Categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project.. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. 2. 3. 4. 5. Major Category of Work Road Striping Guardrail Asphalt Paving Company: Qu*ality Enter r se SA Inc. Signature ouis J, audio, .Vice President ITB 11- 5718RR Oil well Rd Bridge Replacement Packet Page -334- Subcontractor and Address Rnad Gafe Ft. Myers, FL Alford Construction Tampa, FL AFAC Southeast Naples, FL Date: [4 �i7.a-7-- 16 5/22/2012 Item 11.C. STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last,flve 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. Proiect and Location Reference 1. Aqui Esta Drive Improvements Kelly Slaughter, Project Manager Punta Gorda, Florida Charlotte County 941- 575 -3657 2. Diamond Springs Road Brides Replacement Christopher Woltowicz P E Proj. Mgr, Virginia Beach, Virginia City of Virginia Beach, Dept. of Pub.Works 757- 385 -4131 Gnl d o Gat p. P d a ri an Rri dgeA _ Naples, Florida Im Golden Rod Bridge Deck Repairs Marco Island, Florida 5. 9 Dan Hall, Project Manager Collier County Transportation Services 239- 252 -6077' Dan Hall, Protect Manager Collier County Transportation Services 239 - 252 -6077 Company: Qualitp Entrgri'ses 'USA,. ...Inc Signature; Dater 4A 12 ' ou s 'J 'Gaudio,; .Vice' Pres -ident ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -335- 17 5/22/2012 Item 11.C. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida.Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L( 1SY) 1. 2. 3. 4. 5. Slope - LF 219 $ 3.00 $ 657.00 TOTAL $ 657.00 Failure to complete the above may result in the Bid being declared non - responsive. Company: Quality Enterprises USA, Tnr Signature: DaEe 4l17Jk� Lo Gaudi,a, Vice Presideat '.. 18 Construction Services Agreement: Revised 1/112012 Packet Page -336- 5/22/2012 Item 11.C. co r it ► Admirkin keSenncesDMsion Purchasing AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS Bid #:11 -571RR Oil Well Road Bridge Replacement (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ® Collier County ❑ Lee County Vendor affirms that it is a local business as defined. by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a min4mum of one (1) year prior to a Coiner County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not veriflable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may Include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee Countys tax base, and residency of employees. and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ®Collier County or ❑ Lee County: 1994 Number of Employees (including Owner(s) or Corporate Officers): 86 Number of Employees Living in ® Collier County or ❑ Lee (including Owner(s) or Corporate Officers): 19 If requested by the County, vendor will be required to provide documentation substantiating the information given in this ' affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Quality Enterprises USA, Inc. Date: 4/17/12 Collier or Lee County Address: 3894 Mannix Drive Suite 216 Naples. YL 34114 -5406 Signature: Title: yi P tj ent Louis J. Gaudio STATE OF FLORIDA: ® COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 17f-1h Day of Notary Public My Commission Expires: 2/11/14 ; MAME L COHEN (AFFIX OFFICIAL SEAL) ?� . MY0OMMISSI0NRDD9M1 s EXPIRES: February 11, 2M4 RP •' Bonded TW Noary P011c UndenHMem 19 Construction Services Agreement Revised 1/112012 Packet Page -337- 5/22/2012 Item 11.C. C A*e-r qty AdmiMstraWe SmAces Qlvlsion F=hzWng Immigration Law Affidavit Certification 11- 5718RROil Well Road Bridge Replacement This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained In 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ('INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding,,-with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Quality Enterprises USA Inc Print Name Louis J. Gaudio Title vf e P widen Signatures' Date 4/17/12 State of Florida County of Collier The foregoing instrument was signed and acknowledged before me this 17th day of Avril 20 1Z by Louis J. Gaudio (print or type name) who has produced N A — (type of identification and number) as identification. Notary Public Signature MARMELWHEN :r MY COMMIS" A OD 840581 Marcie L. Cohen EXPiRES:February11.2014 Bonded 1hru Notary PVC Underw*m Printed Name of Notary Public DD 940581 2111/14 Notary Commission Number /Expiration 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. 20 Construction Services Agreement: Revised 1/1/2012 Packet Page -338- 5/22/2012 Item 11.C. EmployerWizard Page I of I nE-Verify Welaame L%*. G) Lam Leon Eligibility MILEENLITTL9TON ELJTBSBI 10:23AM-iO/1012010 i4QOUI Home Company Information My Casav; Now Case View Cases Company Namw. QUALITY ENTERPRISES USA, INC my Profile Company ID Number. 234219 Eall Proffie Doing Businass As (DBA) Change Password Name: Change Security Quamions DUNS Number: my company I Physical Location: Mailing Address, Edit Company Profile I Address 1: 208'nNTERN CT Address 1: Add Now User Address 2- Address 2: View Existing Users city. CHESAPEAKE City: Close Company Account State: VA State, zip code; 23320 Zip Code: My Reports VktW Reports County: CHESAPEAKE CITY My Itesoutcas Additional Information. View Essentlal.Raraurcas Employer Identification Number: 540947002 1 Take Tutorial Total Number of Employeas. 100 to 499 Vlow User manual Parent Organization: Contact Us Administrator: QUALITY ENTERPRISES USA INC OrganiWion Designation- Employer Category- Federal Crintractorwithout FAR S-Varity Clause NAIC1 Code: 238 - SPECIALTY TRADE OONTRACMRS rotes Hiring Sites: 1 https://e-vizify.uscis.gov/mnp/EmployerWizard.aspx 10/1912010 Packet Page -339- 5/22/2012 Item 11.C. Sotto COWIMY AdministraM Services Division Purchasing 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 Quality Enterprises LISA Tnc (as shown on income tax return) Business Name (if different from taxpayer name) Address 3894 Mannix Drive, Suite 216 City Naples State Florida Zlp 34114 -5406 Telephone 239- 435 -7200 FAX 219-435-7202 Email TS'A1MTQ(aQE -tJ9A- .oM Order Information Address Same City State Zip FAX Email 2, Company Status (check only one) Remit I Payment Information Address Same Cfty — FAX Email State Zip `Individual I Sole Proprietor j X Corporation 7-- Partnership Tax Exempt (Federal Income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 54- 0947002 (Vendors who do not have a TIN will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, t certify that the information shown on this form is correct to my knowledge. Signatu Date �, X112 L-Eo=u-is J. Gaudio Title Vice President Phone Number 239 -435 -7200 21 Construction Services Agreement Revised 1/1/2012 Packet Page -340- 5/22/2012 Item 11.C. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, It being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that It is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful, Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered- by this Bid within one hundred and 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 twenty (20) 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 Collier Louis J. Gaudio , 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. Louis J. Gaudio 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. 22 Constructlon Services Agreement Revised 1/1/2012 Packet Page -341- 5/22/2012 Item 11.C. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Virginia I which operates under the legal name of Quality Enterprises USA, Inc. , and the full names of its officers are as follows: President Howard J. Murrell Secretary Stacey L. Murrell Treasurer Manager +g�a— eemstraciirnr�ids`a nd contracts for the com its --Bea s-- t a rprtifiPd cn ❑_v_ cif which_is hereto attached (strike out this applicable), (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is Packet Page -342- and if 23 Construction Services Agreement: Revised 1/1/2012 5/22/2012 Item 11.C. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED 4/17/12 Quality Enterprises USA, Inc._ legal entity BY: 'Louis J. Gaudio Wi s 6 J. S l z Name of Bidder (Typed) Witness Christina M..Hatch ignature Vice President Title 3894 Mannix Drive, Suite 216 Naples, Florida 34114 -5406 Incorporated in the State of Virginia STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 17th day of April , 2012,. by Louis J. Gaudio I as Vice President Of Quality Enterprises USA, Inc. a Virginia corporation, on behalf of the corporation. He /she is personally- known to me or has produced W / A as identification and did (did not) take an oath. My Commission Ex ires: 4 411/14 MAHCIE L 0OHE4 MY COMMISSION d DD 84D581 Nil - EXPIRES: February 11, 2014 NAME: " Bonded Thru Nolary Public Urden�em (AFFIX OFFICIAL SEAL) Packet Page -343- 2"-- (Signature of Notary) Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: DD 940581 24 Construction Services Agreement Revised 1/112012 KNOW 5/22/2012 Item 11.C. BID BOND ALL MEN BY THESE PRESENTS, that we auenty Enterprises USA, Inc. (herein after called the Principal) and Travelers Casualty and surety Company of America - r (herein called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with Its principal offices in the city of HaAf rd and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners, Collier County, Florida (hereinafter called the Owner), in the full and just sum of -Five-Percent-of-Amount-111; id- -- dollars ($ 5% -0i`Bla -- - J 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: Oil Well Road Bridge Replacement. Bid No. 11.5718RR 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 certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ s- k- of-Sid 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 Surety have caused these presents to be duly signed and sealed this i7th day of April 2092. 4 _ ^ Principal Quaitt4 Crrnrises SA. inc. BY How rd J. MY Travelers Casun Tammy A. Ward, Countersigned Local Resident Prod (Seal) ?11, President and Surety Company of America Surety (Seal) A. for Travelers Casualty and Surety Company of America . Packet Page -344- 25 Construction Services Agreement Re'Ased 9!112012 5/22/2012 Item 11.C. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travel= Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 220571 CertiCcate No. 0 0 4 6 412 0 7 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fite and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (heroin collectively called the "Companies'D, and that the Companies do hereby make, constitute and appoint Mark C. Bundy, William E. Crawley, Tammy A. Ward, and Terri Strawhand of the City of Virginia Beach - . State of Virginia , their true and lawful Attomey(s )-in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or prgceedings allowed by law. 16th IN WITNESS WHEREOF, the Comp �11have caused this instruturA t to be signed and their oorporate seals to be hereto affixed, this day of December Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company s s � 1951 �:S6ALa� /o' y�,SS1LL /a° 'Y+ cda1. State of Connecticut City of Hartford ss. By: Georg Thompson, 'or rce President On this the 16th day of December 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, FMelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and united States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. jp My Commission expires the 30th day of June, 2016. 58440 -6 -11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID I Packet Page -345- `cnm;.t a. Marie C Teumull, Notary Public 5/22/2012 Item 11.C. WARNING: THIS POWER OF ATTORNEY IS fNVAUD WITHOUTTHE RED BORDER This Payer of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate. Secretary or any Assistant Secretary may appoint Attomeys-in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or, Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Pact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies: which is in full force'aiid •effect and has not been revoked, IN 'TESTIMONY WHEREOF, I have hereunto set my hand and affuxad the sears of said Companies this. f t/ 7 day of 20 J`2 Kevin E. Hughes, Assistant SecAary eA8 Yt�p p,0. i �r��M,4 y1NiVA ''SY N"o IM�hr 'fie o � 1953 'l87% ° t F a 1 I n a�N7reae, ,'$ w 1856 �b� +��y� .r� 1�5i y •. �`SE A��o �`SB�iaist° �y CdM' 1� ,$Tr .u, d . F �.� 1T '�! ANGi• �G4. 7.� +a �',jg,'.....w'��2 i11 F+Ki' � 'N' � /,w.� To verify the authenticity of this Power of Attorney, call 1- 800-421 -3880 or contact us at www.travelersbood.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached WARNING: THIS POWER r- ' " " ° "' ""— THOUTTHE RED BORDER rat. M r06C -0 U- 5/22/2012 Item 11.C. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4, Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9, If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: aBid Number; aproject Name; t�Opening Date. 13, The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Quality Enterprises USA, Inc. Bidder Name Signature &Title T.ouis J. Gaudio, Vice President Date: 4/17/12 26 construction Services Agreement Revised 1/112012 Packet Page -347- 5/22/2012 Item 11.C. ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $9,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate rrB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -348- 42 . Collier County Florida Insurance and Bonding Requirements lnsuraiiceLBond Type kegtalred Llmlts'.: 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, Its officers and employees from any and all liabilities, damages, losses and costs, including, .but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant -or anyone employed or utilized by the ContractorNendor /Consultant In the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non - owned /Hired; Automobile included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $9,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate rrB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -348- 42 5/22/2012 Item 11.C. Le 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an Irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and Insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be. underwritten by a surety authorized to do business In the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A or better as to general policy holders. rating and Class. V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. Z 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 Quality Enterprises USA, Inc. Date 4/17/12 1 Vendor Signature Print Name Louis J Gaudio, Vice President Insurance Agency. Rutherfoord Agent Name Herb Moss or Heather Garrett Telephone Number 757 -456 -0577 1TB 11- 571BRR Oil Well Rd Bridge Replacement Packet Page -349- 43 5/22/2012 Item 11.C. STATE OF FLORIDA ms`s DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH TALLAHASSEEMONROE STRFLT32399 -0783 MURRELL, HOWARD J JR gUALITY ENTERPRISES USA, INC. 2827 SILVERLEAF LN NAPLES FL 34105 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more about the Department's initiatives, Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE 5/22/2012 Item 11.C. 'THE STATE OF FLORIDA - �- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 -0783 MURRELL, HOWARD J JR UALITY ENTERPRISES USA, INC. 827 SILVERLEAF LN NAPLES FL 34105 Congratuiabonst With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridailcense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: license Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new licensel DETACH HERE 5/22/2012 Item 11.C. State of Florida Department of State I certify from the records of this office that QUALITY ENTERPRISES USA, INC. is a corporation organized under the laws of Virginia, authorized to transact business in the State of Florida, qualified on May 25, 1995. The document number of this corporation is F95000002550. I further certify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on January 6, 2012, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Tenth day of January, 2012 f 4&�tt� Secretary of ,State Authentication ID: 000216846910- 011012- F95000002550 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https:// efile .sunbiz.org /certauthver.html Packet Page -352- 5/22/2012 Item 11.C. RECEIVED APR 2 5 2011 Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD, P.E. GOVERNOR Tallahassee, FL 32399 -0450 SECRETARY April 21, 2011 QUALITY ENTERPRISES USA, INC 3894 MANNIX DRIVE STE 216 NAPLES FL 34114 -5406 RE: CERTIFICATE OF QUALIFICATION Dear Sir /Madam: The Department of Transportation has qualified your company for the amount and the type of work indicated below. Unless your company is notified otherwise, this rating will expire 6/30/2012. However, the new application is due 4/30/2012. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements. Section 337.14 (4) F.S. provides that your certificate will be valid for 1-8 months after your financial statement date. This gives a two month period to allow you to bid on jobs as we process your new application for qualifIc,a.tion. To remain qualified with the Department, a new - application must be submitted subsequent to any significant chance in the financial position or the structure of your firm as described in Section 14- 22.005(3), Florida Administrative Code. Your company's maximum capacity rating has been established. To access i:t, please log into the Contractor Prequalification Application System via the following link: httDs: / /www3. dot. state. fl .us /ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, FLEXIBLE PAVING, GRADING, HOT PLANT -MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE FDOT APPROVED SPECIALITY CLASSES OF WORK: SIDEWALKS, CURBS & GUTTERS, DRIVEWAYS AND UTILITIES (WATER, SEWER & FORCE MAIN) AND PUMP STATION. www.dot.state.fl.us Packet Page -353- 5/22/2012 Item 11.C. QUALITY ENTERPRISES USA, INC. April. 21., 2011 Page two You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14- 22.0041(3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. JM:cj Sincerely, Juanita Moore, Manager Contracts Administration Office Packet Page -354- 5/22/2012 Item 11.C. 'Application Summary) Adjusted Current Ratio: 1,27 Ability Score: 95 Surety. Multiplier: 0 Ability Factor: 14 Calculated Maximum Bid Capacity: $ 45,400,000.00 Adjusted Net Worth: $ 2,552,035.00 bc Ilia n a e gcel . f% 11 i4tt c ea Its Audited Financial Statements 4/16/2011 4/16/2011 NIA Affidavit 4/16/2011 Request Document 2011 AFFIDAVIT.PDF APPLICATION Equipment SUBMITTED ' Request Document 2010 EQUIPMENT LIST.PDF.: Surety Letter APPLICATION 4/18/2011 Letters of Recommendation APPLICATION Audited Financial Statements N/A N/A E2equest,Ducurrent; QE 2010 AUDIT.PDF HOME OFFICE. YOU CAN ACCESS YOUR FIRM'S MAXIMUM BID CAPACITY AND Additional Document NIA N/A • •Da a �G�orn "ent' APPLICATION 4/2/2011 CREATED APPLICATION SUBMITTED 4/16/2011 NO COMMENT SUBMITTED APPLICATION 4/18/2011 ACCEPTED APPLICATION IF APPLICABLE, A SIGNED CERTIFICATE OF QUALIFICATION IS BEING MAILED TO YOUR APPROVED 4121/2011 HOME OFFICE. YOU CAN ACCESS YOUR FIRM'S MAXIMUM BID CAPACITY AND APPROVED WORK CLASSES ON THE CAPACITY AND WORK CLASS TABS. FI O FLORIDA DEPARTMENT OF TRANSPORTATION COP/? ancea' Report Technical Problems to the Service Desk @ 1- 866- 955 -4357 or email: Service Desk Infonnallonsyslams Send Prequalification Questions or Comments to Contracts Administration Office Internet Privacy Policy. Disclaimers & Credits Packet Page -355- 5/22/2012 Item 11.C. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with Quality Enterprises, USA, Inc ( "Contractor") of 3894 Mannix Drive, Suite 216, Naples, Florida 34114 -5406, a Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Oil Well Road Bridge Replacement, Bid No. 11- 5718RR ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Stanley Consultants, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: One million three hundred forty seven thousand one hundred six dollars and sixty one cents ($1,347,106.61). 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 27 Construction Services Agreement: Revised 1/1/2012 Packet Page -356- 5/22/2012 Item 11.C. underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may . be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. . B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and 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 and 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 twenty (20) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed - in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand one hundred and forty eight dollars ($1,148.00) for each calendar day thereafter until 28 Construction Services Agreement: Revised 1/1/2012 Packet Page -357- 5/22/2012 Item 11.C. Substantial .Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall. be liable -for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design. Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents,a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. - G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and 2s Construction Services Agreement: Revised 1 /1/2012 Packet Page -358- 5/22/2012 Item 11.C. accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. 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 Stanley Consultants and identified as follows: ITB 11- 6718RR Oil Well Road Bridge Replacement as shown on Plan Sheets 1 through 32. Exhibit N: Contractor's List of Key Personnel 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: Gary Putaansuu, Project Manager Collier County Transportation Engineering 2885 S. Horseshoe Drive Naples, Florida 34014 (239) 252 -5876 30 Construction Services Agreement: Revised 1/112012 Packet Page -359- 5/22/2012 Item 11.C. 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: Mr. Louis Gaudio Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, FL 34114 -5406 Telephone: 239 -435 -7200 Facsimile: 239 -435 -7202 Email: lgaudio(aD-ge- usa.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 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 Construction Services. Agreement: Revised 1/1/2012 Packet Page -360- 5/22/2012 Item 11.C. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent - provided for under the Owner's Purchasing 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 Construction Services Agreement: Revised 1/1/2012 Packet Page -361- 5/22/2012 Item 11.C. i IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s). indicated below. CONTRACTOR: TWO WITNESSES: Quality Enterprises USA, Inc. FIRST WITNESS By: Type /Print Name Type /Print Name and Title SECOND WITNESS Type /Print Name 1 Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF Dwight E. Brock, Clerk COLLIER COUNTY FLORIDA BY: BY Fred W. Coyle, Chairman Approved As To Form and Legal Sufficiency: Print Name: Deputy County Attorney 33 Construction Services Agreement. Revised 1 /1/2012 Packet Page -362- 5/22/2012 Item 11.C. EXHIBIT A 1: PUBLIC PAYMENT BOND Oil Well Road Bridge Replacement Bond No. Contract No. 11- 5718RR KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Suretv. located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20_, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 34 Construction Services Agreement: Revised 1/112012 Packet Page -363- 5/22/2012 Item 11.C. 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) (AFFIX OFFICIAL SEAL) ATTEST: NAME: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) . 35 Construction Services Agreement: Revised 1/1/2012 Packet Page -364- •- 5/22/2012 Item 11.C. 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 20_, by , as Surety, on behalf of Surety take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) _ of He /She is personally known to me OR has produced as identification and who did (did not) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -365- 36 Construction Services Agreement: Revised 1/1/2012 EXHIBIT A 2: PUBLIC PERFORMANCE BOND Oil Well Road Bridge Replacement KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as 5/22/2012 Item 11.C. Bond No. Contract No. 11- 5718RR 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 , 20_, with Obligee day of for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 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. ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -366- 37 5/22/2012 Item 11.C. 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 , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered . in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ 20_, by of corporation, on behalf of the corporation. personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 11- 5718RR Oil Well Rd Bridge Replacement (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -367- day of as a He /she is 38 ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF 5/22/2012 Item 11.C. SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by , as of , 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: (AFFIX OFFICIAL SEAL) ITB 11- 5718RR Oil Well Rd Bridge Replacement (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -368- 39 5/22/2012 Item 11.C. 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 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. ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -369- 40 5/22/2012 Item 11.C. Should at any time the Vendor not maintain the insurance coveragef required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -370- 41 5/22/2012 Item 11.C. Collier County Florida Insurance and Bonding Requirements ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate $2,000,000 per claim and in the aggregate ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -371- 42 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440.and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000.000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent. Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1.000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non - owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate $2,000,000 per claim and in the aggregate ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -371- 42 5/22/2012 Item 11.C. & ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner, provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -372- Date Telephone Number 43 5/22/2012 Item 11.C. 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 1 20 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by ,as of ,a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -373- 44 5/22/2012 Item 11.C. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project No. 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: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ _% after [insert date] Percent Work completed to Date: Percent Contract Time completed to Date Original Contract Price: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less Retainage Total Earned Less Retainage Less previous payment (s) AMOUNT DUE THIS % APPLICATION: 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: ITB 11- 5718RR Oil Well Rd Bridge Replacement (Signature) DATE: (Type Name and Title) Packet Page -374- 45 5/22/2012 I m I1.C. E s / f I � f 3 � ) k E k)� ° GPI �)� . . . A� uj Cp c/ �z� kE uj }0 g , § . �z �) �k q& �3 z2 2] j_ �S Mo ;2 7E . zU as 22 dLU �� Ea S$ IL§ �0 #�Lu§ woo \) k l- ©b L) cal 2— U) 0LU \ �2 \$ \ k c �� 2 z / 22 . S� i ®E C3 CL ƒkl �i0 _ / )\ z > -i a; LL o w § 77 \ }� _ 2■ 2 zk ui - S _« ƒ� § 2; r- 2 k' d) kW )� _ \�6 .R o: ƒ =k 2g© 2 k_§/ a. %_ \$ ° © ©t CL § } E .. § § 2lui x / 2z-- �u Packet Pa2e -37S-- — ! E s / f I � f 3 � ) k w 0 U m Q id E C U- 0 v d l0 L CR L -a d L 0 a) C .0 O U_ D :o s x W Packet Page -376- 5/22/2012 Item 11.C. E CD U CD Co R a N C1 m a= m 0 w d- =, � c m. o G1 'C oga a a _ H U � C w > N — CL 0 o > 0 m 'm a H 4> > > Q O •� > v (D d CL W 0 L V a7 A 0 E =z as CL U) i 0 w 'C V VJ d O m t0 O Packet Page -376- 5/22/2012 Item 11.C. E CD U CD Co R a N C1 m a= m 5/22/2012 Item 11.C. Packet Page -377- 5/22/2012 Item 11.C. 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: ) ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -378- 49 5/22/2012 Item 11.C. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To •C ] J1►14.t And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: . OWNER: ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -379- 50 5/22/2012 Item 11.C. CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER By: Type Name and Title ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -380- 20 20 51 5/22/2012 Item 11.C. Packet Page -381- 5/22/2012 Item 11.C. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 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 20 ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -382- 53 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). S. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14, Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -382- 53 5/22/2012 Item 11.C. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into. divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface ITB 11- 5718RR oil well Rd Bridge Replacement 54 Packet Page -383- 5/22/2012 Item 11.C. conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as, part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 55 Packet Page -384- 5/22/2012 Item 11.C. method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to Collier County Transportation Engineering, 2885 S. Horseshoe Drive, Naples Florida 34104. 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 56 Packet Page -385- 5/22/2012 Item 11.C. accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in ITB 11- 5718RR Oil Well Rd Bridge Replacement 57 Packet Page -386- 5/22/2012 Item 11.C. full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. S. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) 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 rrB 11- 5718RR Oil Well Rd Bridge Replacement 58 Packet Page -387- 5/22/2012 Item 11.C. non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for ail 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 ITS 11- 5718RR Oil Well Rd Bridge Replacement 59 Packet Page -388- 5/22/2012 Item 11.C. Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -389- so 5/22/2012 Item 11.C. week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show, all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project 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. ITB 11- 5718RR oil well Rd Bridge Replacement 61 Packet Page -390- 5/22/2012 Item 11.C. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 62 Packet Page -391- 5/22/2012 Item 11.0 a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will :not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 63 Packet Page -392- 5/22/2012 Item 11.C. effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall procee d Owner, regardless of any pending unless otherwise agreed to by the payments in accordance with the Claim. 12. OTHER WORK. diligently with its performance as directed by the Claim, action, suit or administrative proceeding, Owner in writing. Owner shall continue to make Contract Documents during the pendency of any 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 64 Packet Page -393- 5/22/2012 Item 11.C. endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 65 Packet Page -394- 5/22/2012 Item 11.C. terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. 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 Intemet -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 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 Bidder does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder'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: htW: / /www.dhs.aov/E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -395- ss 5/22/2012 Item 11.C. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 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. ITB 11- 5718RR Oil Well.Rd Bridge Replacement 67 Packet Page -396- 5/22/2012 Item 11.C. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or- refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, ITB 11- 5718RR Oil Well Rd Bridge Replacement 68 Packet Page -397- 5/22/2012 Item 11.C. materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments owl 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 excusagle, 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 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. ITB 11- 5718RR Oil Well Rd Bridge Replacement 69 Packet Page -398- 5/22/2012 Item 11.C. 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 therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free ITB 11- 5718RR Oil Well Rd Bridge Replacement 70 Packet Page -399- 5/22/2012 Item 11.C. 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, 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 71 Packet Page -400- 5/22/2012 Item 11.C. 'I directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design. Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (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. ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -401- 72 5/22/2012 Item 11.C. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 73 Packet Page -402- 5/22/2012 Item 11.C. Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made.. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement 74 Packet Page -403- 5/22/2012 Item 11.C. deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners 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. ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -404- 75 5/22/2012 Item 11.C. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of ail subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 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 rrB 11- 5718RR Oil Well Rd Bridge Replacement 76 Packet Page -405- 5/22/2012 Item 11.C. conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the .parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre - construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and available on -line at colliergov.net/purchasing. 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 ITB 11- 5718RR oil well Rd Bridge Replacement 77 Packet Page -406- 5/22/2012 Item 11.C. savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and 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 ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -407- 78 5/22/2012 Item 11.C. Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) 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. ITS 11- 5718RR Oil Well Rd Bridge Replacement 79 Packet Page -408- 5/22/2012 Item 11.C. 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 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -409- 80 5/22/2012 Item 11.C. 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMTS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed . for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be 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. ITB 11- 5718RR Oil Well Rd Bridge Replacement 81 Packet Page -410- 5/22/2012 Item 11.C. 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 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. ITB 11- 5718RR Oil Well Rd Bridge Replacement 82 Packet Page -411- EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS GENERAL NOTE 5/22/2012 Item 11.C. The Contractor is advised that the Florida Department of Transportation (FDOT) will be making improvements to the CR 29 from north of 1 -75 to north of CR 858/Oil Well Road (approximately nine miles). This project resurfaces the roadway and extends turn lanes. The project is estimated for completion in summer 2011; however, coordination with the State's contractor will be expected if the FDOT schedule goes beyond the anticipated deadline. The State's contractor is APAC — Southeast, Inc. ALLOWANCES Included within the Bid Schedule are Allowances for various elements of the work that, although engineered, may likely encounter unforeseen conditions, some of a public health and safety nature. The Owner has determined these allowances and considers them reasonable budgetary estimates to promptly manage unforeseen conditions, including those of a public health and safety nature. Allowance may not fully represent the actual cost of work. If the cost of work exceeds the allowance amount, the Owner will provide additional allowance funds to complete the work or accept the work in its current state of completion. Upon approval by the Owner, Allowances may be used by the Engineer to pay costs and expenses associated with the categories indicated below: ROADWAY ITEMS ALLOWANCE $ 29,224.00 SIGNING & PAVEMENT MARKING ITEMS ALLOWANCE $ 500.00 BRIDGE ITEMS ALLOWANCE $ 80,170.00 FUEL & BITUMINOUS COST ADJUSTMENTS NOT PROVIDED Section 9 -2.1.1 Fuels and Section 9 -2.1 Bituminous Materials of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2007, are deleted. While it is recognized that a primary cost factor of this bid is based on the price of petroleum and that conditions in this market could become unstable and beyond the control of the bidder, it is also recognized that the availability of funding to compensate for future cost increases will be even scarcer should this occur. The county chooses not to obligate itself for these costs and has not provided for these cost adjustments in the contact. The Contractor shall take this risk into consideration when submitting their bid. PROTECTION OF PRIVATE PROPERTY This project abuts a privately owned "Sunniland Country Store" operating on property owned by DERYA CORP., whose mailing address is 13213 County Road 858, Immokalee, FL 34142. The property owner ( DERYA CORP.) granted a Temporary Construction Easement (TCE) to Collier County over and upon the property described in the attached legal description and sketch. The term of the temporary construction easement is 18 months beginning on the date the contractor receives a Notice to Proceed with construction of the property from Collier County. The Contractor is not authorized to enter upon private property beyond what is described in the TCE. However, the property owner has offered to allow other portions of the property to be used as a construction staging / mobilization area. Any such uses of the property outside the limits of the temporary construction easement must be approved in advance by the owner. Collier County will not be a party to any such agreement between contractor and owner and the owner and /or contractor shall bear full liability for any damages that may result from such use of property. ITB 11- 5718RR Oil well Rd Bridge Replacement Packet Page -412- 83 5/22/2012 Item 11.C. 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. All costs associated with participating in this process will be included in the contract price of "Provide /Maintain As- Built 'Plans" Pay Item Number CC101 -1. MAINTENANCE OF TRAFFIC The Project uses "MAINTENANCE OF TRAFFIC" Pay Item 0102 -1 to include any and all maintenance of traffic related items of work (not specifically identified as a separate Pay Item) including but not limited to all labor, equipment and materials needed to construct the project within the project schedule. The Contractor will not be entitled to any additional compensation for maintenance of traffic related work (ex. over -build material, phasing of construction etc.). "AS- BUILT" DRAWINGS The Contractor shall keep and maintain in his field office or in the superintendent's vehicle one Contract copy of all project plans, drawings, specifications, addenda, written amendments, change orders, work directive orders, supplemental agreements, and other written interpretations and clarifications and shall be annotated by the Contractor to show updated construction deviations as well as design changes authorized by the Engineer during construction. All "as- built" information shall be plotted on 11° x 17" copies of the Contract Drawings, and signed and sealed by the Contractor's Professional Land Surveyor. The Contractor shall submit the "as- built" drawings in Adobe Acrobat (.pdf format) for the Engineer's review. A certified copy of all written and computer generated field notes developed by the Contractor's Professional Land Surveyor in performing "as- built" surveys, shall be submitted with the "as- built" drawings. Limits of the "as- built" survey shall be the actual limits of the project including temporary construction easements and temporary driveway reconstruction easements plus 25 feet, but in no case less than any facility constructed as part of this project. All "as- built" survey data shall be submitted in acceptable electronic format. The accuracy of all facilities located by the "as- built" survey shall be 0.1 feet horizontally and 0.01 feet vertically. Additionally, all work under this article shall conform to Florida Statute 472 and Florida Administrative Code Chapter 61 G -17 -6. The cost of preparing, maintaining, and providing "as- built" drawings and documents as specified in this article shall be included in the lump sum unit price bid for Pay Item CC 101 -1 Provide /Maintain "As- Built" Plans. The Engineer will not authorize release of the final contract payment and final retainage until such time as the Contractor has delivered a complete set of "as- built" drawings and documents which are in compliance with the provisions of this article. 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. ITS 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -413- 94 5/22/2012 Item 11.C. EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ Inclusion of FDOT Specifications THE 2010 EDITION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION together with all FDOT Supplemental Specifications thereto shall apply to and form a part of this Contract as if fully written herein. Where a FDOT Section is cited that contains references to other Sections, they shall also be included as though written therein. IN CASE OF CONFLICT BETWEEN THE REFERENCED FDOT SPECIFICATIONS AND THE BID AND CONTRACT DOCUMENTS, THE BID AND CONTRACT DOCUMENTS SHALL GOVERN. Where FDOT Specifications refer to "Engineer", it shall be understood to mean the Engineer of the County as stated in the Agreement. Where FDOT Specifications refer to "Department ", it shall mean "Collier County, Growth Management Division, Transportation Engineering Department ". ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -414- 85 5/22/2012 Item 11.C. EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.colliergov.net/bid/ ITS 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -415- ss 5/22/2012 Item 11.C. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: / /bid.colliergov.net/bid/ ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -416- 87 5/22/2012 Item 11.C. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -417- 88 5/22/2012 Item 11.C. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Superintendent: Julio Jiminez Project Manager: Louis Gaudio List other key personnel: • Paul Moriarty - General Superintendent /Safety • Susie Schultz - Project Administrator ITB 11- 5718RR Oil Well Rd Bridge Replacement Packet Page -418- 89 5/22/2012 Item 11.C. Bridge Evaluation and Recommendation Report Bridge 030152 co)'0,-r County TECM Department Naples, Florida 0 n r E r 5/22/2012 Item 11.C. BRIDGE EVALUATION AND RECOMMENDATION REPORT Bridge 030152 December 2007 c Stanley Consultants ANC A Stanley Grow Cmp ,,y Engr*K% Emmmertal and Caatutmn Senrire - Wordmde Packet Page -420- Prepared by Stanley Consultants, Inc. 27300 Riverview Center Blvd., Suite 101 Bonita Springs, FL 34134 Phone 239.947.1771 Fax 239.947.1715 Certificate of Authorization No. 1978 Donald E. Rainey, P.E. P.E. No. 40645 R t 7, . ZZ ' 5/22/2012 Item 11.C. P ' Executive Summary Collier County is the owner of Bridge 030152 which carries CR 858 (Oil Well Road) over the Barron River Canal east of the intersection with SR 29 and approximately ten miles south east of Immokalee. Stanley Consultants has been hired by Collier County to prepare a Bridge Evaluation ' and Recommendation Report for this bridge. This report will evaluate the condition of this bridge, develop alternatives for repair, rehabilitation, or replacement, and recommend a course of action. IPacket Page -421- ' The bridge was inspected on April 19, 2007 as part of the FDOT biennial bridge inspection program and was determined to be neither functionally obsolete nor structurally deficient and was assigned a sufficiency rating of 48.2. This bridge has not received a functionally obsolete designation because of the low volume of traffic reported in the Bridge Inspection Report. This ' bridge is over 55 years old and has sustained numerous scrapes, spalls, and cracks over the years, but there are no major deficiencies that threaten the stability of the bridge. Stanley Consultants visited the site and documented the condition of the bridge with photographs. All deficiencies ' identified in the Bridge Inspection Report were verified, and documented additional damage to the guardrail due to vehicle impact. Considerable damage has occurred to the curbs, guardrail, and guardrail posts at the west end of the bridge. This damage can be attributed to the right turning radius between SR 29 and CR 858 that results in many vehicular impacts. Replacement or widening of this bridge will present an opportunity to improve the turning capacity at SR 29. Alternatives have been developed for repair, rehabilitation, and replacement of this bridge. Repair alternatives address defects with the sheet pile abutment walls, spalls in the deck, curb, keyway, and pile cap, and deterioration of guardrail posts on the bridge. Rehabilitation alternatives include installing fiber wrap to increase the capacity of the superstructure, pile cap, and piles, and retrofitting the guardrails to improve an unsafe condition. It is our recommendation that this bridge ultimately be replaced. The estimated cost to replace ' this bridge is between $800,000 and $1,000,000. To determine a more accurate cost it will be necessary to prepare a Bridge Recommendation Report in conjunction with environmental and traffic studies. If it is cost prohibitive to replace this bridge, the County may consider widening this bridge for an estimated cost of $270,000 to $450,000. The higher cost is estimated for over widening the bridge to improve the turning radius and eliminate damage on the west end. Even if the bridge is programmed for future replacement or widening, it is our recommendation that the guardrails and curbs be replaced with barrier rail to meet current FDOT standards and improve unsafe conditions. It is estimated that the guardrails and curb can be replaced for 1 approximately $30,000. IPacket Page -421- i 5/22/2012 Item 11.C. Table of Contents Section1 ........................................................................................................ ............................... 1 -1 Background................................................................................................... ............................... 1 -1 Purposeof Report ...................................................................................... ............................... 1 -1 Definitions................................................................................................. ............................... 1 -1 Section2 ........................................................................................................ ............................... 2 -1 ExistingConditions ....................................................................................... ............................... 2 -1 Section3 ........................................................................................................ ............................... 3 -1 Alternatives................................................................................................... ............................... 3 -1 Repair........................................................................................................ ............................... 3 -1 Rehabilitation............................................................................................ ............................... 3 -2 Replacement.............................................................................................. ............................... 3.4 Section4 ........................................................................................................ ............................... 4 -1 AlternativePriorities ..................................................................................... ............................... 4 -1 Repair........................................................................................................ ............................... 4 -1 Rehabilitation............................................................................................ ............................... 4 -2 Replacement.............................................................................................. ............................... 4 -2 FundingSources ........................................................................................ ............................... 4 -3 Section5 ........................................................................................................ ............................... 5 -1 Conclusions and Recommendations .............................................................. ............................... 5 -1 APPENDICES Appendix A — 2007 Bridge Inspection Report ............................................. ............................... A -1 Packet Page -422- ' 5/22/2012 Item 11.C. r [ -1 Section 1 Background 1 Purpose of Report The Florida Department of Transportation (FDOT) is required to inspect every bridge in the State of Florida at least every two years. FDOT forwarded recent Bridge Inspection Reports for several deficient bridges to Collier County with the recommendation that these bridges receive immediate attention. Collier County has contracted with Stanley Consultants to prepare a Bridge Assessment and Recommendation Report that will be used by the County to select the appropriate plan of action for repair, rehabilitation, or replacement of Bridge 030152. Bridge 030152 is located in north east Collier County and carries CR 858 (Oil Well Road) over the Barron River Canal east of the intersection with SR 29 and approximately ten miles south east of Immokalee. The latest Bridge Inspection Report provided to the County was prepared by Volkert & Associates and dated April 19, 2007. Definitions Every bridge in the State of Florida's Bridge Management Database is inspected at least every two years. Engineers and inspectors examine and assign a rating to every bridge element. These ratings are input into the FDOT Bridge Management System. Following are definitions of terms that may be encountered in the Bridge Management System and the Bridge Inspection Reports: NBI Condition Rating: Used in the National Bridge Inventory (NBI) to describe an existing bridge compared with its condition if it were new. Ratings are provided for the deck (riding surface), the superstructure (supports beneath the riding surface), and substructure (foundation and supporting piles). Condition Ratings are input into the Bridge Management System and range from 0 (failed condition) to 9 (excellent condition). Condition State: A rating assigned to individual bridge elements based on conditions observed during the bridge inspection. The Condition States are assigned on a scale of 1 (best) to 3, 4, or 5 (worst) based on the particular element. The Bridge Inspection Report indicates the quantity of each element assigned to each Condition State. The Condition State ratings are converted to NBI Condition Ratings using an algorithm that considers a weighted combination of element ratings. Q\ 1976101 \Active \Studies\05- Bridge030152 1 -1 Stanley Consultants Packet Page -423- i fl I �I r 5/22/2012 Item 11.C. Functionally Obsolete: A functionally obsolete bridge is one that was built to standards that are not used today. These bridges are not automatically rated as structurally deficient, nor are they inherently unsafe. A functionally obsolete bridge is one that does not have adequate lane widths or shoulder widths to serve current traffic demand. Structurally Deficient: Indicates there are elements of the bridge that need to be monitored or repaired. A bridge is considered structurally deficient if the deck, superstructure or substructure has been assigned a Condition Rating of 4 or less. Inventory Rating: The load level that can safely utilize an existing bridge for an indefinite period of time. This rating is determined using the design vehicle. Operating Rating: The absolute maximum permissible load level to which the structure may be subjected for the vehicle type used in the rating. If the maximum legal load configurations exceed the load permitted under the operating rating, the bridge must be posted. Sufficiencv Rating: Sufficiency Ratings were developed by the Federal Highway Administration to serve as a prioritization tool for allocating bridge repair and replacement funds. The rating is calculated by the Bridge Management System and ranges from 0 (poor) to 100 (excellent). The formula for the sufficiency rating takes into account the structural adequacy and safety, serviceability and functional obsolescence, and essentiality for public use. Health Index: A value between 0 and 100 calculated by the Bridge Management System that measures the overall condition of a bridge. The health index is the ratio of the existing condition to the ideal condition. The health index uses the Condition States that have been assigned to the individual bridge elements and applies a rating cost that reflects the relative importance of the individual element. A health index below 85 indicates that some repairs are necessary. A low health index may also indicate that it would be more economical to replace the bridge than to repair it. The health index is not shown in the Bridge Inspection Reports prepared in April 2007, but can be found at the Florida Bridge Information on the FDOT State Maintenance Office website: (http: / /www. dot .state.fl.us /statemaintenanceoffice /). 0\ 1976101 \Active \Studies \05- Bridge030152 1 -2 Stanley Consultants Packet Page -424- F r 5/22/2012 Item 11.C. Section 2 Existing Conditions Bridge 030152 carries CR 858 (Oil Well Road) over the Barron River Canal east of the intersection with SR 29 and approximately ten miles south east of Immokalee. See Figure 1 for the location of this bridge. This bridge is located in Section 17, Township 48S, Range 30E. The bridge was constructed in 1951 and was designed for a live load of H -15. The H -15 design live load is a two axle truck weighing 15 tons. More recently, bridges have been designed with a live load of HS -20, a three -axle truck weighing 36 tons. Legal loads in the State of Florida include slightly heavier trucks with multiple axle configurations. The bridge is 45 feet in length and consists of three 15 -foot spans. The deck consists of 66 inch wide precast concrete slabs with a 9 inch wide cast in place key between them. The precast slabs are 10 inches deep and it has not been determined if they have been prestressed. The bridge width is approximately 30 feet out -to -out with a clear roadway width of 24 feet. The barrier on the ' bridge consists of concrete posts supporting steel guardrails. The guard rail is located more than two feet behind the face of curb. The curb presents an impact hazard and does not meet current FDOT safety standards. I I I The bridge is supported by 12 inch timber piles with a 24 inch wide by 20 inch deep concrete cap at the intermediate bents. There are a total of four timber piles at each intermediate bent. The abutments and wing walls consist of precast concrete sheet piles with a cast in place cap. The bridge deck is supported on the cast in place cap. Steel drainage pipes penetrate the south wing wall on each side of the bridge. For views of the bridge, see Photographs 1 and 2. Refer to Figures 2 through 4 for the plan, elevation, and cross section of the existing bridge. The Barron River Canal is owned and maintained by Collier County. The canal cross section under the bridge is basically flat with water across the entire 45 foot width between abutment walls. The deepest part of the canal is under the center and east spans. On either side of the bridge, the canal cross section is approximately a 30 foot bottom with 2:1 side slopes. The total. clearance from the channel bottom to the bottom of the concrete deck is approximately 8 to 10 feet. Depth of water in the canal during the 2007 inspection was recorded as 2.8 feet. Water stains on the abutment walls indicate that the water level has been as high as 42 inches below the bottom of the deck. The canal configuration under the bridge is shown in Photograph 3 and the configuration south of the bridge is shown in Photograph 4. Q\19761.01\Active \06- Studies \05- Bridge030152 2 -1 Stanley Consultants Packet Page -425- ' 5/22/2012 Item 11.C. 7- In the 2007 Inspection Report, CR 858 has been coded as a rural local road. A Federal aid report ' located on the FDOT Planning Office website indicates that CR 858 is classified as a rural minor collector east of SR 29. In either case the bridge is not included on the Federal Aid System. West of SR 29, CR 858 is classified as a rural major collector and is on the Federal Aid System. CR 858 is also a school bus route. The approach roadway at this bridge is a long tangent extending to the east. The intersection of CR 858 and SR 29 is immediately to the west of the bridge with a stop condition on CR 858. Collier County is currently developing plans to widen Oil Well Road to six lanes from Immokalee Road to Camp Keasis Road. The eastern end of this project at Camp Keasis Road is 4.5 miles west of this bridge. The west abutment is 65 feet east of the center line of SR 29. There is a right turn lane for northbound SR 29 turning onto eastbound CR 858 and a short merge lane for westbound CR 858 turning onto northbound SR 29. The turning radius for both sides of CR 858 onto SR 29 is approximately 40 feet. Recent bridge inspection reports indicate an ADT of 1500 vehicles per ' day. During field visits, a large portion of the traffic observed on the bridge was traffic from SR 29 accessing the Sunniland Country Store at the north east corner of the bridge. There are overhead utilities south and east of the existing bridge. Several utility conduits are carried on top ' of the bridge deck behind the curb. Utilities located at this bridge are Comcast, Embarq, and Lee County Electric Cooperative. Approach roadway and utilities can be seen in Photographs 5 and 6. ' The bridge was inspected on April 19, 2007 by Volkert and Associates. That inspection indicates that this bridge is neither functionally obsolete nor structurally deficient and has received a sufficiency rating of 48.2. The deck and superstructure were assigned a condition rating of 6 (satisfactory condition) while the substructure was assigned a condition rating of 7 (good condition). The April 19 bridge inspection report is included in Appendix A. ' The concrete slab has received a condition state 2 out of 5. There is moderate abrasive wear throughout the deck and a 3/8 inch deep spall with no exposed reinforcing steel at intermediate bent 2. Photograph 7 depicts the deck wear and spall. The south curb at the west end of the bridge has minor scrapes and spalls with no exposed steel. Photograph 8 shows a typical curb spall, ' previous repair and a utility conduit carried on the bridge. During a visit to the bridge in November 2007, new damage to the north curb at the west end of the bridge was observed. The top of the curb has broken off due to vehicle impact. The resulting spall is approximately ' 18" x 9" x 3" and reinforcing steel has been exposed. Photograph 9 shows this new damage. Four guard rail posts were recently replaced on the west span. On the south fascia, there is a 2 inch deep spall below a guard rail post in span 1. The guard rail post was recently replaced, but the spall was not repaired. The spall, which has no exposed reinforcing steel, is shown Photograph 10. On the underside of the deck there are spalls with exposed and corroded reinforcing steel at four locations in the keyways between slab units. The 2005 inspection team (H.W. Lochner) reported that they coated the exposed reinforcing steel with zinc paint. Photograph 11 shows a typical keyway spall. ' The joint seals received a condition state 1 out of 3 for 121 linear feet. However, a condition state 3 was assigned to 2 feet of joint 1 and 3 feet of joint 3 due to missing or heavily deteriorated sealant. Photograph 12 shows the joint at abutment 1 where debris has accumulated and vegetation has taken root. t ' Q \19761.01\Active \06- Studies \05- Bridge030152 2 -2 Stanley Consultants Packet Page -426- 1 5/22/2012 Item 11.C. ' The bridge railing has received a condition state 1 out of 3 except one post has been assigned condition state 2 due to a crack in the post. The first post on the north side of span 3 has a 1/32 inch crack on the traffic face. Photograph 13 shows the condition of this post. The timber piles have been assigned a condition state 2 out of 4. The piles typically exhibit checks up to 1/4 -inch wide and a soft outer layer approximately 1/2 -inch deep. The depth of the soft outer shell has increased approximately 1/8 inch since the 2005 inspection. The reinforced concrete abutments and walls have received a condition state I out of 4 for the majority of its length. There are several locations that were assigned condition states 2 or 3 due to spalls in the concrete sheet piles. The joint sealant between sheet piles is missing in several ' places. At several locations there are spalls on one sheet pile that exposes the tongue on the adjacent pile. The inspection report indicates backfill is leaking through a spall in the east abutment. Typical spalls on the east abutment and wing walls are shown in Photographs 14 and 15. These photographs were taken during a low water condition. Currently the water level is approximately 3 to 4 feet higher and the spalls are not visible. 4 I t The majority of the concrete pile cap has been assigned a condition state 1 out of 3 except for a few locations that received condition states 2 and 3 due to cracks and spalls in the cap. The inspection report indicates there are two spalls with exposed reinforcing steel on the underside of cap 3. Photograph 16 shows a spall on the face of cap 3 beneath a keyway. The concrete approach slabs have received a condition state 2 out of 4. The west approach slab is covered with an asphalt overlay. The outline of the approach slab is clearly delineated by a large crack in the asphalt wearing surface that can be seen in Photograph 17. The east approach slab does not have an asphalt wearing surface and exhibits moderate abrasive wear and a 1/16 inch wide crack the full length at the center line of the approach slab. Photograph 18 shows the abrasive wear and longitudinal crack in the east approach slab. The canal channel has received a condition state of 2 out of 4 due to vegetation and debris in the channel. In spite of the 24 foot roadway width on the bridge, this bridge has not received a functionally obsolete designation because the deck geometry has been rated 4 — Tolerable. A deck geometry rating of 3 or less is required before a bridge can be designated as functionally obsolete. The deck geometry rating is calculated by the FDOT Bridge Management System and is dependant on two items, the curb -to -curb roadway width on the bridge and the average daily traffic (ADT). The 2007 Bridge Inspection Report indicates that the ADT is 1500 vehicles per day. To receive a deck geometry rating of 3, this bridge would require an increase in traffic to at least 2001 vehicles per day. Since no traffic records were found for this location, the County should consider creating a count station near this bridge to get an actual traffic count. As a result of the 2007 inspection, bridge 030152 has received a sufficiency rating of 48.2. In the 2003 and 2005 inspections sufficiency ratings of 48.0 and 69.6 respectively were assigned to the bridge. A review of all three years shows that a load rating calculated on March 2, 1995 was used for all three years, but a different inventory rating was input into the Bridge Management System for each year. In 2003 and 2007 inventory ratings of 14 and 14.1 tons were input while in 2005 an inventory rating of 25.3 tons was input. Since the load rating summary dated March 2, 1995 indicates an inventory rating of 14. 1, it appears that the rating entered in the 2005 summary is erroneous. 0\19761.01\Active \06- Studies \05- Bridge030152 2 -3 Stanley Consultants Packet Page -427- F L I L r LJ u n G Li C, u 5/22/2012 Item 11.C. This bridge has been determined to be adequate to carry all legal loads and posting is not required. The Florida Bridge Information on the FDOT Maintenance Office indicates that bridge 030152 has received a health index of 75.32. According to FDOT guidelines, this indicates that the bridge is in need of repairs and that it may be more economical to replace than repair the bridge. During the field investigations of this bridge, Stanley Consultants observed that there is insufficient turning radius for trucks making the turn from SR 29 to CR 858. A truck turning from SR 29 onto CR 858 eastbound was forced to wait for traffic on the bridge to clear and then used the full width of the bridge to make the turning movement. Insufficient turning radius appears to be the cause of many of the scrapes and spalls on the curb and the damage to the guard rail posts at the west end of the bridge. There is also impact damage to the guard rail and steel post adjacent to the northwest corner of the bridge. This damage was not reported in the 2007 Inspection Report. The damaged guard rail and post can be seen in Photograph 19. Q\ 19761.01\ Active \06- Studies\05- Bridge030152 2-4 Stanley Packet Page -428- 'I 01 5/22/2012 Item 11.C. R 21B E R 29 E + R 30 E ..... ....... . ..... 3, U 7-00-27' 36 31 F,.Ffw IAMALEE DEL I MI TED AREA . . . . . . . . . . . . X . � 1'� T Z. T., . . . . . . . . . . . . . 14 el' N 24 23 7ajo —21— 29 30 k4l v M -M '®r n -4— 5 4 Strait, — - 1 6 10 11 6 r it 101.11 00 -V�!# fit .20 7T. .19 to A�Q�t Xt I it BRIDGE 0-50/52 LOCH TION MAP OCTOBER, 1993 j 4 WILES 0 L-1 2 3 5 6 KILOULTERS Stanley Consultants w- SCALE FIGURE BRIDGE EVALUATION AND ROAD NO. CwNrr----- BRIDGE NO.— I RECOMMENDATION REPORT I 8 -58 J COLLIER 0.30152 7137 li:54.6 AM 0.0p Packet Page -429- i i i i 11 � I � � � a I � I � ° I i � N) I } l T J v 0 Q� 4 Q� 5/22/2012 Item 11.C. I i 24' CLEAR I I Z N � v i Q- I Kl l � � y I � m i I Q I I � I � ° I i � N) I } l T J v 0 Q� 4 Q� 5/22/2012 Item 11.C. 2 E W-- O Q }} 4 'C 4 i O Q: 7 I Stanley Consultants w- r r 1GURE BRIDGE EVALUA T ION AND ROAD NO. CWN7Y BR,XE M0.� w -- RECOMMENDA T ION REPORT 2 858 COLLIER 030152 rg fY rr.rrfi 7 ew"v- i-u Cast3Y6&k ucrree Vr- {'A!3(3 'rrgos O.TiAr$e waacr' E +nft+.,'f «'t1r- SRenfs 'tprr9 2_rJgrr Packet Page -430- � Z v Q- 2 E W-- O Q }} 4 'C 4 i O Q: 7 I Stanley Consultants w- r r 1GURE BRIDGE EVALUA T ION AND ROAD NO. CWN7Y BR,XE M0.� w -- RECOMMENDA T ION REPORT 2 858 COLLIER 030152 rg fY rr.rrfi 7 ew"v- i-u Cast3Y6&k ucrree Vr- {'A!3(3 'rrgos O.TiAr$e waacr' E +nft+.,'f «'t1r- SRenfs 'tprr9 2_rJgrr Packet Page -430- t i r i i 5/22/2012 Item 11.C. J WJ Q =�3 X32 ,Q O 2ti ti 2 W uj A II' Q O 2 Z A j Q i J W J Q W3 N tiJ ZW� L 1151, Llnz� z� 1 Stanley Consultaits �w- �µ FIGURE K µ BRIDGE EVALUATION AND ROAD ,O. I CQUN rr I BRIDGE HO. HE- ENDA T ION REPORT 3 858 1 COLLIER 030152 T337 rrfrSF1w ",,WIN 3.60q Packet Page -431- 5/22/2012 Item 11.C. ---------- 0 Ln tn 0 M. to won Stanley Consultants w- FIGURE BRIDGE EVALUATION AND ROAD NO. MAIN BRIDGE NO. RECOMMENDATION REPORT 4 858 COLLIER 030152 1 I Packet Page -432- V) CL LU C 'ICE ZZ, cri- Uj ____ - - - - - - - - - - -- =__ o Ln ---------- 0 Ln tn 0 M. to won Stanley Consultants w- FIGURE BRIDGE EVALUATION AND ROAD NO. MAIN BRIDGE NO. RECOMMENDATION REPORT 4 858 COLLIER 030152 1 I Packet Page -432- V) CL LU 'ICE ---------- 0 Ln tn 0 M. to won Stanley Consultants w- FIGURE BRIDGE EVALUATION AND ROAD NO. MAIN BRIDGE NO. RECOMMENDATION REPORT 4 858 COLLIER 030152 1 I Packet Page -432- 5/22/2012 Item 11.C. Photograph 1 1hotograph 2 Packet Page -433- 5/22/2012 Item 11.C. Photograph 3 Photograph 4 Packet Page -434- 5/22/2012 Item 11.C. Photograph Photograph 6 Packet Page -435- t i i 5/22/2012 Item 11.C. w �y -7- - - �- Dock Sp�ll • FAAA ME Photograph 7 Photograph 8 Packet Page -436- 5/22/2012 Item 11.C. s Roll +a r Curb Spall fm W IJU 9T 0D D Photograph 9 Photograph 10 Packet Page -437- 5/22/2012 Item 11.C. Photograph 11 Photograph 12 Packet Page -438- r r 5/22/2012 Item 11.C. Photograph 14 Packet Page -439- 5/22/2012 Item 11.C. Photograph 15 Photograph 16 Packet Page -440- a• q u. ' yy Photograph 16 Packet Page -440- Photograph 17 5/22/2012 Item 11.C. ,3 Limits Of Approach % -Slab Visible ROD", 0qjI Photograph 18 Packet Page -441- 5/22/2012 Item 11.C. Photograph 19 Packet Page -442- • 5/22/2012 Item 11.C. I Section 3 t Alternatives There are several alternatives that can be used to correct the deficiencies on this bridge. These methods range from repairing individual members to slow future deterioration and restore strength to a complete replacement of the structure. These alternatives can be placed into three categories: repair, rehabilitation, and replacement alternatives. No Action Estimating the remaining life of a highway bridge if no repair is performed is a very imprecise science. The life of a bridge is affected by such variables such as quality of construction, level of maintenance, volume of traffic, and environmental factors. For typical highway bridges designed and constructed in the mid 1900s, there was a generally anticipated life span of approximately 75 years. This life span can be used to approximate the remaining life of the bridge, but it can not be guaranteed due to the large number of variables beyond our control. There are no observed deficiencies on this bridge that adversely affect the strength of the structure. One critical concern is the reported leakage of fill through the spalls in the east abutment wall. If this condition worsens, failure of the approach roadway may occur. The timber piles at the intermediate bents are also a cause of concern at this bridge. While there is no extensive damage to the piles at this bridge, timber piles are very susceptible to damage due to rot and insect infestation. The County should periodically monitor the condition of the piles. Damage to the timber piles will shorten the service life of the bridge if not repaired. Based on the observed conditions at the site, this bridge can be expected to have 15 to 20 years of service remaining. Repair A repair is intended to return a deficient bridge element to as close as possible to its original design capacity. A repair alternative will address those bridge elements that exhibit severe damage that affects the load carrying capacity of the element or that were recommended for Q \18761.01\Active \06- Studies \05- Bridge030152 3 -1 Stanley Consultants Packet Page -443- 5/22/2012 Item 11.C. repair in the Bridge Inspection Report. An alternative will also be developed for any deficiency that Stanley Consultants observed during the field examination. ' Concrete Sheet Pile Walls: Damage to the concrete sheet pile walls can be repaired with non - shrink grout or epoxy mortar. The area at the east abutment that has been leaking backfill should be repaired by pressure grouting any voids behind the wall before the spall is repaired. The joints between the sheet piles can be sealed with epoxy mortar or a silicone joint sealant. ' Concrete Slab: The spalls in the concrete slab and curb can be repaired with epoxy mortar applied in the spalls. The damaged area should be thoroughly cleaned and loose concrete removed. The exposed reinforcing steel in the bottom of the deck should be free of any rust or loose concrete before applying the epoxy mortar. Concrete Pile Can: The four spalls on intermediate bent 3 can also be patched as indicated above. Bridge Railing: The damaged guard rail post on the north side of the bridge can be entirely replaced in kind. This repair would require replacement of some length of guard rail. Another repair method is to seal the crack with epoxy injection. Joint Seal: The latest bridge inspection report recommends that five feet of deteriorated joint ' seal be repaired. This will require cleaning debris and vegetation from the joint, and installing a foam backer rod followed by a poured joint sealant. This is a very inexpensive procedure and could very easily be performed by County maintenance personnel. ' Approach Slab: The crack in the east approach slab can be repaired and sealed by epoxy injection or penetrant sealer. It is not necessary to repair the crack at the present time. It should be monitored and repaired if the crack worsens. It is possible there is differential settlement of the approach slab due to the loss of fill through the concrete sheet pile wall. If the cracking in the approach slab worsens, a geotechnical investigation should be performed to determine the condition of the backfill behind the wall. Timber Piles: The timber piles are in good shape and do not require repair at this time. The condition of the piles should be monitored and if they worsen, repairs can be made. Rehabilitation Rehabilitation addresses the overall condition of the bridge to increase the load carrying capacity ' of the bridge and improve its geometric configuration. In addition to actions discussed as rehabilitation, repair of individual elements discussed previously should also be considered for implementation. Since existing bridge plans are not available, it is not possible to determine the maximum capacity of the bridge since we do not know the size and location of the existing reinforcing bars ' in the slab and bent caps. If desired, a system such as ground penetrating radar can be used to locate and size the internal reinforcement. The load carrying capacity of the entire bridge can be increased by applying a reinforced fiber wrap to the underside of the bridge deck and the bottom and sides of the pile cap. The fiber wrap will add tensile strength to the bottom of the slab and cap to increase the bending capacity. The ' wrap on the side of the pile cap will increase the shear capacity of the cap. Fiber wrap can be used Q\19761.01\Active \06- Studies \05- Bridge030152 3-2 Stanley Consultants Packet Page -444- ' 5/22/2012 Item 11.C. to increase the capacity of that portion of the piles above the ground line. The fiber wrap will also protect the timber piles from further decay. This rehabilitation alternative is shown in Figure 5. Fiber wrap has been used to repair and rehabilitate many highway bridges in recent years. It has been used in California as a seismic retrofit for bridges. This method has been used by FDOT on ' several bridges and design requirements for fiber wrap are included in the Structures Design Guidelines. ' The existing guardrails do not meet the current FDOT standards for safety and should be brought up to current standards as part of rehabilitation. The guardrails are located about two feet behind the curb. The ends of the curbs are unprotected and present an impact hazard to oncoming traffic. Current FDOT Standard Drawings include details for retrofitting existing bridges with guardrail that meets current safety standards. This involves installing steel guardrail posts or railing wall and thrie -beam guardrail across the bridge. This rehabilitation alternative is shown in Figure 6. This retrofit will protect the curbs from vehicle impact, but will not improve the problem with the tight turning radius at the west end. ' An alternative solution to the substandard guardrail is to remove the existing curb and guardrail posts and install a traffic railing. Since the face of curb is approximately 3 feet from the outside edge of slab, an additional 1.5 feet of roadway width can be provided on each side of the bridge. Roadway approach guardrail can be relocated and attached to the barrier wall. This alternative is shown in Figure 6. This alternative will not completely improve the problem with the tight turning radius at the west end, but it will provide additional width and eliminate continuing Cimpact damage to the curb. Another method of providing a safer transition across the bridge is to provide a shoulder ' widening on the bridge. The existing posts and guard rail are removed and the slab is widened to provide an 8 foot shoulder and standard FDOT traffic rail. The intermediate bents will be widened by installing an additional pile and extending the cap on each side. The existing wing ' walls will be removed and reconstructed. The widened portion of the superstructure can be either precast slab units or a cast in place slab. Widening the bridge also presents an opportunity to address the turning problems at the west end of the bridge. The end span can be flared to provide an increased turning radius. This is relatively easy to accomplish if cast in place construction is used. Flared precast units are also an option. Another option that can be considered is to widen the entire bridge more than required to provide adequate turning radius on the west span and stripe off the extra width in the other spans. Roadway guard rail will transition and connect to the bridge in accordance with current FDOT standards. In order to maintain traffic on the existing bridge, it will be necessary to widen in two ' phases. In the first phase, a temporary traffic barrier is placed adjacent to the construction and traffic will be maintained on two 11 foot lanes. During the second phase, there is a minimum 30 feet of bridge deck to use for traffic. A typical widening cross section is shown in Figure 7. A ' plan of the widened bridge is shown in Figure 8 and depicts both a flared end span and an over - width widening. t If this bridge is rehabilitated, it could be expected to provide approximately 20 years of additional service. However, in 2026 this bridge will be nearing the end of its 75 year design life. While there may be more years of service in the bridge, the County should program this bridge for replacement at that time. 1976 1.01 \Active\06-Studies\05-Bridge03O1 52 3 -3 Packet Page -445- Stanley Consultants C 0 n E _J 5/22/2012 Item 11.C. Replacement The ultimate alternative is to completely replace the bridge. This will result in a structure that will be adequate for all current design loads, legal loads, and safety standards. For the purpose of this discussion, a bridge that typically would be used in a similar situation will be considered. The final geometry and structure type for a replacement bridge will be determined during the development of a Bridge Development Report (BDR). The BDR will take hydraulic, environmental, and traffic considerations into account when determining the most cost effective and appropriate structure type for this location. The proximity of the bridge to SR 29 limits the type of bridge that can be constructed. In order to avoid major impacts to SR 29 and the convenience store northwest of the bridge, the profile of CR 858 can not be raised. The required vertical clearance over design high water in the canal will limit the structure depth that can be used. The existing bridge provides about 3.5 feet of clearance over the apparent high water elevation determined by stains on the substructure. If the 3.5 feet under clearance is required, the structure depth is limited to about 1 foot. If a 2 foot clearance is adequate, a 3 foot deep structure can be used. Possible structure types for a replacement bridge at this location are prestressed flat slabs and inverted tee beams. Because the canal cross section north and south of the bridge has side slopes, the side slope can be carried through the section under the bridge and the vertical abutment walls replaced with pile supported end bents. The length of the replacement bridge would be approximately the same as the existing bridge. The bridge can be either a single span at approximately 45 feet or three spans at approximately 15 feet. A two span arrangement is not desirable since a bent in the center of the canal will tend to catch debris and adversely affect water flow. The minimum bridge section will consist of two 12 foot lanes with a 10 foot shoulder and standard MOT traffic barrier on each side for a width of 47 feet out -to -out. A 30 foot approach slab will be provided at each end of the bridge. The bents will consist of 18 inch prestressed concrete piles with a reinforced concrete cap. A minimum cross section of a replacement bridge is shown in Figure 9. Precast, prestressed flat slabs are available in widths of 36 to 96 inches and depths of 10 to 18 inches. The precast units are set in place and transverse post tensioning is installed across the width of the bridge. A cast -in -place concrete topping or asphalt topping is installed on top of the units. Because of the prestress in the slab units and the post tensioning installed in the field, the use of tapered units is not practical. If an increased turning radius is desired, a wider bridge is necessary. For a 15 foot span a slab approximately 8 inches thick is required. For a single span of 45 feet an 18 inch deep slab is required. Because of the low volume of traffic on this road, an asphalt topping would be adequate. The total depth of a flat slab bridge will be 20 inches and will provide approximately 22 inches of under clearance to the apparent high water elevation. A flat slab superstructure is partially depicted in Figure 9. An inverted tee beam structure consists of an 18 inch tee section with a 6 inch cast in place concrete slab. The inverted tee beams are typically installed with approximately 1 inch of space between the bottom flanges. If this spacing increases, a slab thicker than 6 inches will be required. Because of this, the beams can not be flared in the end span and a wider bridge will be required if an increased turning radius is desired. The total depth of the inverted tee structure is 24 inches and is adequate for spans up to approximately 50 feet. This structure depth will provide approximately 18 inches of under clearance to the apparent high water elevation. The inverted tee superstructure is partially depicted in Figure 9. Q \19761.01\Active \06- Studies \05- Bddge030152 3-4 Stanley Packet Page -446- 1 5/22/2012 Item 11.C. �j The actual alignment of a replacement bridge will be dependent on how traffic is maintained during construction. One method is to maintain traffic on the existing bridge while a portion of the new bridge is constructed to the south. Traffic is then shifted to the new portion of the bridge while the rest of the bridge is constructed. In order to provide two lanes and adequate traffic barriers on the south portion of the new bridge, it will be necessary to construct more than half of the replacement bridge width in the first phase. Construction phasing will be simplified if a wider bridge is constructed. If the minimum bridge width of 47 feet is used for the replacement, the ' center line of the bridge will shift 21 feet to the south. If the center line of CR 858 will not relocated, it will be necessary to construct a replacement bridge 68 feet wide. This excess bridge width can be striped to provide improved turning capacity on the west end. Figure 10 depicts a possible construction phasing. The extra bridge width can be eliminated by using a temporary two -lane detour bridge around the existing bridge. The existing bridge can be removed in its entirety before construction of the O replacement bridge begins. FDOT maintains an inventory of temporary bridge components that are used for detour bridges throughout the state. These temporary bridges are designed to current AASHTO loads and no weight posting is required. Provided there is available inventory, FDOT is Iwilling to make arrangements for local governments utilize the detour bridging. Since the South Florida Water Management District does not own this canal, we would expect no permit is required for repair, rehabilitation, or replacement in kind. The County should submit a letter notice of intent to the water management district during the planning stages of any improvement. Since these bridges are located within the habitat of the Florida Panther, there is the possibility that the Fish and Wildlife Service (FWS) can become involved in a rehabilitation or replacement project. If so, it may be necessary to obtain an incidental take permit from the FWS. Funding should be programmed in case this permit is required. u 0 L I Q \19761.01\Active \06- Studies \05- Bridge030152 3 -5 Stanley Consultants Packet Page -447- i i i 5/22/2012 Item 11.C. TRANSVERSE SEC T ION 858 1 COLLIER 030!52 BRIDGE EVALUATION AND RECOMMENDATION REPORT Packet Page -448- F IGURE 61 r i r i 5/22/2012 Item 11.C. } �`�4�lk 11 - - Nin Bco� eon O r/ GUARD RAIL RETROFIT N.T.S. 24' -0" CLEAR ROADWAY 3 " -l" f- EXISTING 27'-f" CLEAR ROADWAY ±/- AFTER REHAB REMOVE EXISTING CURB NEW I TRAFFIC RAIL EX /STING DECK REMOVE EX /STING POSTS TRAFFIC RAIL RETROFIT Stanley Consultants w. N.T.S. FIGURE BRIDGE EVALUA T ION AND ROAD NO. COUNtY BRIDGE N0. RECOMMENDATION REPORT 6 858 COLLIER 030152 1531 12173 /?W7 f7:t79:f3 t,q 61CW Packet Page -449- i i i i i 5/22/2012 Item 11.C. 11-6" 8' -0" 24' -0" EXISTING WIDENING (MINIMUM) CURB TO CURB REMOVE EXISTING CURB 2' -O" 22'-0" PHASE I 30' -0" (MIN.) PHASE 2 REMOVE EXISTING POSTS & GUARDRAIL TEMPORARY NEW CONCRETE BARRIER BARRIER RAIL I WIDENED DECK EXISTING DECK EXTENDED CAP ANCHOR BOLT EXISTING CAP i i I 1 i t t i i t � { APPROXIMATE i I GROUND LINE { i NEW /8" PIS CONCRETE PILE c i EXISTING TIMBER PILE i i i ��► WIDENING N. T.S. 0 Stanley Consultants �w- FIGURE BRIDGE EVALUA T ION AND ROAD NO. COUNTY BRIDGE NO. RECOMMENDATION REPORT 7 858 COLLIER 030152 , rc: /Nrtw� : :+Ww aw F.xwo+tM- wc++revr- t.!wv+oriope u.w ..c +new.s.,.,�.aa a.�w +.W.w .�.�•, Packet Page -450- a r t r i 2J W 0 � OW W= W =�2SQ cc W zz Ln N 4 Z I �W0.o. W W3 W 0 E z � W w ti N 2 Wm Z O (� q� J i I 2 � � ��t~iyQ �W4o.8 5/22/2012 Item 11.C. 0 W 0 � Z W= O cc W p o � z � W w ti N 2 Wm Z O (� q� J i I 2 � � ��t~iyQ �W4o.8 5/22/2012 Item 11.C. 0 W ti V �9 R1 �l p 2 W it N W 0 lt„ W Q W Z t.� d p�Q OW a O y ( V o W R1 �l W O N a:: O 1� Q O O Cc Stanley Consultants Q. FIGURE --- N BRIDGE EVALUATION AND Z t.� d p�Q OW a O y ( V W O N a:: O WQ. WWryQ y ( V O O Cc Stanley Consultants FIGURE --- N BRIDGE EVALUATION AND CwNn BRIDGE NO. RECOMMENDA T ION REPORT 8 858 COLLIER 030152 7537 111201zwi 0.4W8 4W 11 :1+ 76h?`�:tivevt- L'A'�J�6r1Gpa O.SUfSZf�kADOrf E. >nJp)!s'L1+- snee�F �flgcrra 8apr, Packet Page -451- i 47' -I" OUT-TO-OUT G i Imo- EXISTING CR 858 " 1 I 12' l0' I -6 i/2 SHLDR - V�LANE � LANE SHLDR i j 2" ASPHALT / TOPPING 36" X /8° PIS PIC FLAT SLAB HALF SEC T ION PIS FLAT SLAB N. T. S. Stanley Consultants w- 5/22/2012 Item 11.C. 6" SLAB + INVERTED TEES HALF SECTION INVERTED TEE N.T.S. 1'-6 1/2" FIGURE BRIDGE EVALUATION AND ROAD COUNTY BRIDW N°. _RECOMMENDATION REPORT 9 858 COLLIER 030152 FZ3T 7161207 AN u:v:X50109141,11- C,40D\8110 s 030;^5,- 41atvrR Vol. y,v Packet Page -452- r i r I. CONSTRUCT SOUTH 1' -6" 241 2' 3'. 2. MOVE TRAFFIC CONSTRUCT NORTH 24' _ 2' 3. MINIMUM BRIDGE 47' WIDE 11 -6" l01 20 12' RELOCATED C 858-1 I 4. OVERW /DE BRIDGE 16` 1O' 24' 5/22/2012 Item 11.C. 31 t , EXISTING EXISTING C BRIDGE 1' -6" 1' -6" iL-- EXISTING 68' W /DE CR 858 65' USE ADDITIONAL WIDTH j ( FOR IMPROVED t TURNING RADIUS i NO SHIFT CONSTRUCTION PHASING 11 -6" Stanley Consultants w. N. T .S. r FIGURE BRIDGE EVALUATION AND Aoo W. I CWN" EYE No. RECOMMENDA T ION REPORT /0 858 COLLIER 030152 Packet Page -453- C 0 u C I C [l 5/22/2012 Item 11.C. Section 4 Alternative Priorities In order to effectively utilize available funding for the repair and maintenance of the transportation system, it is necessary to prioritize the repair, rehabilitation, and replacement alternatives to ensure that critical areas of the transportation system receive the necessary attention. Any portion of a structure that has deteriorated to the state where it threatens the stability or capacity of the structure must receive immediate attention. There may be an element of the bridge that receives a bad rating, but if it will not lead to failure of the structure, repairs can be deferred to a later date. Estimated cost estimates shown are based on FDOT 2006 bid item average costs that have been adjusted upward to reflect 2007 costs. These estimates are the cost for the repair or rehabilitation of the particular element and do not include such costs as contractor mobilization, and maintenance of traffic for small repair jobs. If the repair or rehabilitation is deferred to a future date, the costs will be higher. Repair It is recommended that damage to the concrete sheet pile wall be repaired. Pressure grout should be pumped into the backfill at the open spalls to ensure there are no voids in the backfill. The spalls in the wall should then be patched to stop future leaking of the backfill. The estimated cost for these repairs alone is $10,000. Except for the pressure grout, these repairs can be accomplished by County maintenance personnel. These repairs should be scheduled for the dry time of the year. The spalls in the wall were visible when the bridge was examined in May 2007. In July and November 2007 the water level was considerably higher and the spalls were not visible. Tables 1 a through 1 d reflect the estimated cost of wall repair alone. It is also recommended that the spalls in the top and bottom of the slab be repaired. The deteriorated joint seals should also be cleaned and replaced. All deck repairs can be performed by County maintenance forces. Estimated cost for deck patching and joint sealing is $5,000 and can be seen in Tables 2a and 2b. Since the spalls on the intermediate bent caps show exposed reinforcing steel, it is also recommended to patch those spalls as indicated above. As shown in Tables 3a and 3b, it is estimated that it would cost $5,000 to patch the spalls in the bent cap. 0 \19761.01\Active \06- Studies \05- Bridge030152 4 -1 Stanley Consultants Packet Page -454- .J 1 5/22/2012 Item 11.C. Due to safety concerns, the damaged guard rail post on the north side of the bridge should be repaired. The post can be entirely replaced or the crack sealed with epoxy injection. Individually the cost for replacement of the post is shown in Tables 4a and 4b and is estimated at $5,000. Since very small quantities of materials are involved in the repair of the walls, slab, cap, and rail ' post a high unit price was used for the cost estimate. If the repairs for the four units are combined the estimated cost is $16,000. See Table 5 for combined cost estimate. If one repair is undertaken it is recommended that all four units be repaired. It is not necessary to repair the crack in the east approach slab at the present time. It should be monitored and repaired if the crack worsens. If the crack worsens, it may be an indication of differential settlement and a geotechnical investigation should be performed at the east end of the bridge to determine the condition of the fill behind the abutment wall. Rehabilitation The existing guardrail configurations are not at current standards and present a safety issue. The County is open to liability in the case of a serious accident at the bridge. A thrie -beam retrofit should be installed on the existing bridge to protect vehicles from the hazards presented by the exposed curbs. This retrofit would require approximately 100 feet of guardrail at the east end of the bridge. Approximately 200 feet of guardrail will be required to transition to the existing guardrail at the west end of the bridge. The thrie -beam retrofit and approach guardrail can be installed for approximately $40,000. See Tables 6a and 6b for guardrail retrofit estimate. The alternative solution to the substandard guardrail situation is to replace the curb and posts on P the bridge with a standard FDOT traffic rail on each side of the bridge. The approach guardrail will require relocation for approximately 100 feet on the east and 200 feet on the west. A small amount of asphalt will be required where the guardrail has been relocated. The cost of this alternative is approximately $30,000. See Tables 6c and 6d for traffic rail retrofit estimate. Widening of the existing bridge will provide an improved deck geometry and guardrail ' configuration. The estimated cost to widen the bridge by 8 feet and provide current traffic barriers on each side is $270,000. See Tables 7a and 7b for estimated widening quantities and cost. The estimated widening cost includes new guardrail, and repairs that have been previously discussed. Increasing the widening to 16 feet on each side will improve the turning room at CR 29 but will cost approximately $450,000. See Tables 7c and 7d for the estimated quantities and cost of an overwidth widening. Increasing the capacity of the slab, bent caps, and timber piles by applying a reinforced fiber wrap will cost approximately $90,000. The estimated cost of applying fiber wrap is shown in Tables 8a and 8b. Since previous inspection reports indicated the load rating of the existing bridge was at or above legal loads and the bridge did not require posting, strengthening of the slab, bent caps, and piles would not add capacity to this bridge and will not be considered further. Replacement This bridge is a prime candidate for replacement due to its age and geometric constraints. Complete replacement will also correct all problems that have been documented with this bridge: substandard bridge width and traffic barrier; damaged sheet pile wall; spalled concrete deck and pile caps; and unsafe guard rail transitions. The determination of the actual bridge configuration and estimated costs is beyond the scope of a bridge evaluation report and will be accomplished when a Bridge Development Report is 0 \19761.01\Active \06- Stud ies \05- BridgeO30152 4 -2 Stanley Consultants Packet Page -455- ' 5/22/2012 Item 11.C. 1 developed during a preliminary engineering study. Historical square foot construction costs of similar bridges can be used to estimate costs for replacement bridges. However, very few precast, ' prestressed flat slabs and inverted tee beam bridges have been constructed in recent years, and while there are bid prices for a few flat slab units and inverted tee beams, reliable historic square foot costs are not available. Cost estimates can be developed with quantities and unit prices adjusted to current construction prices. A cost estimate for a precast, prestressed flat slab bridge has been developed and is shown in Tables 9a and 9b. This estimate is based on a single span bridge with a length of 45 feet and a ' width of 47 feet. The flat slab bridge will cost approximately $190 per square foot with a total estimated project cost of $960,000. A cost estimate for an inverted tee bridge has been developed and is shown in Tables 9c and 9d. This estimate is based on a single span bridge with a length of 45 feet and a width of 47 feet. The double tee bridge will cost approximately $135 per square foot with a total estimated project cost of $790,000. An over width bridge can be constructed to improve the turning situation on the west end. A double tee bridge that is 45 feet long and 63 feet wide will cost an estimated $960,000. This cost estimate is shown in Tables 9e and 9f. Funding Sources Locating funding for needed bridge rehabilitation and replacement is a challenge for county governments. There are limited programs that the County can investigate that may provide funds for bridge rehabilitation and replacement. If the County. is unable to obtain funding at the state or federal level, it will be necessary to allocate County funds to keep this bridge in service. Since Bridge 030152 is classified as a rural local road it is not on the Federal Aid System, but it may be eligible for FHWA funds through the MOT Bridge Replacement Program. The FHWA requires that 15% of FHWA funds (20% beginning in FY 2012) be used by FDOT to fund local bridge replacement projects that are not on the Federal Aid System. In addition to bridge replacements, these funds are also used to pay for the inspection of county owned bridges. Funding priority is a statewide competition and will be based on the statewide bridge replacement ranking formula. The County should contact FDOT District One to determine if the bridge qualifies and get it on the list of replacement candidates. The County should contact Jose Garcia or Luis Juarbe at (813) 744 -6050. FHWA funding is limited to bridges that are structurally deficient with a sufficiency rating of less than 50. In the April 2007 inspection, this bridge is rated as neither functionally obsolete nor structurally deficient, but did receive a sufficiency rating of 48.2. Unless the condition of this bridge deteriorates, it appears that it will not qualify for FHWA bridge replacement funds. The 2007 Florida legislature created within FDOT the Enhanced Bridge Program for Sustainable Transportation. The purpose of this program is to provide funds to improve the sufficiency rating of local bridges and to improve congested roads on the state highway system. The program will allocate a minimum of 25 percent of available funding to rehabilitate or replace local bridges not on state highway system. To qualify for this program a bridge must be classified as a structurally deficient bridge having a poor condition rating for deck, superstructure, or substructure. The bridge must also have a sufficiency rating of 35 or below. Based on these criteria, this bridge will not qualify for funding under this program. Q\1 9761.01\Active\06- Stud i es\05-B ridge0301 52 4 -3 Stanley Consultants Packet Page -456- r i t r i 5/22/2012 Item 11.C. There is a possibility that federal funding for replacement may be available for this bridge if it deteriorates in the future, and the County should program this bridge for replacement as it approaches the end of its design life in 2026. Since it may take five to ten years to obtain federal funding, the County should take the necessary steps at the appropriate time to place this bridge on the list of replacement candidates. In order to ensure that this bri dge will remain in service for the duration of its design life, the County should utilize its own funds to finance repairs and rehabilitation. Some options available to the County are local option gas and sales taxes, transportation impact fees, and general obligation and revenue bonds. Q \19761.01\Active \06- Studies \05- Bridge030152 4-4 Packet Page -457- Stanley Consultants i t 5/22/2012 Item 11.C. Tables la —1d SHEET PILE WALL DAMAGE Table 1a S ails Dimensions from Inspection Report) Location X I Y Z Volume (SF) in in in CF CY Abut 1 14 3 3 0.07 0.00 Abut 1 48 5 3 0.42 0.02 Abut 4 12 4 3 O.OB 0.00 Abut 4 12 3 3 0.06 0.00 Abut 4 16 5 3 0.14 0.01 Abut 4 16 12 I 3 0.33 0.01 SE WW 16 1 4 { 3 0.11 { 0.00 NW WW 36 4 3 0.25 I 0.01 1.47 0.05 Table 1 b Loss of Fill (Appr oximate Dimensions Location Area Depth Volume ft (SF) ft +/- (CF) I CY Abut 4 1.3 2 2.7 1 0.10 Table le Seal Joints Length # Joints/ Abuts # Abuts Length ft 1 CY $1,000 ft) 4 ( 22 2 176 Table 1d Estimated Cost _ Item Quantity Unit Unit Price I Cost Pressure Grout 1 CY $1,000 $1,000 Restore Spalled Areas 2 CF $1,000 $2,000 Seal Joints 180 LF $10 $1,800 Contingencies 25% j� $1,200 Total $6,000 Estimated Cost j $10,000 Q\ 19761.011Active \06- Stud ies \05- Bridge030152 4 -5 Packet Page -458- Stanley Consultants 8 i r i i r i i t 5/22/2012 Item 11.C. Tables 2a — 2b CONCRETE SLAB Table 2a Concrete Slab S palls Location L W D Number Volume 2 in in in Clean & Seal Joints CF CY Top 10 4 0.375 1 0.01 0.000 Fascia 12 8 2 1 0.11 0.004 Bottom 16 8 3 4 0.89 0.033 NW Curb 18 9 3 1 0.28 0.010 4 p 1.290 0.048 Table 2b Estimated Cost Item Quantity Unit Unit Price Cost Restore S ailed Areas 2 CF $1,000 $2,000 Clean & Seal Joints 5 LF ( $40 $200 Contin encies 50% 0.5 0.01 $1.100 Total 2 12 E 10 $3,300 Estimated Cost 0.005 Bt 3- Bott 3 $5,000 Tables 3a — 3b CONCRETE PILE CAP Table 3a Concrete Pile Cap S ails Location Condition State L W D Volume 1 CF (in) in in CF) CY Bt 3- S 2 7 6 0.5 0.01 0.000 Bt 3- M 2 12 E 10 2 0.14 0.005 Bt 3- Bott 3 6 1 4 1 0.01 0.001 Bt 3- Bott 3 2 1 2 1 0.5 0.00 0.000 4 p 0.166E 0.006 Table 3b Estimated Cost Item Quantity Unit Unit Price Cost Restore S ailed Areas 1 CF $1,000 $1,000 Contingencies 50% $500 Total $1,500 Estimated Cost $5.000 0\19761.01\Active \06- Studies \05 - Bridges .ini .,i? 4 -6 Stanley Consultants Packet Page -459- 5/22/2012 Item 11.C. Tables 4a — 4b TRAFFIC RAILING Table 4a Traffic Railing Quantities Item Length (ft) Width (in) Thickness (in) Number Sides Quantity Unit Post Concrete 2.25 8 8 Ibs 1 0.04 CY Post Reinforcing Steel 1 $35 $1,575 205 Ibs /CY 8 Ibs Guardrail 1 45 50% $100 1 1 45.0 LF Table 4b Estimated Cost Item Quantity Unit Unit Price Cost Post Concrete 0.5 CY $1,000 $500 Post Reinforcing Steel 20 Ibs $5.00 $100 Guardrail 45 LF $35 $1,575 Contingencies 25% CY $1,000 $1,000 $600 MOT 50% $100 Guard Rail $1.100 Total $1,575 Contingencies 25% $3,875 Estimated Cost 50% $4,400 $5,000 Table 5 COMBINED REPAIRS Table 5 Estimated Cost Item Quantity Unit Unit Price Cost Pressure Grout 1 CY $1,000 $1,000 Restore S ailed Areas 3 CF $1,000 $3,000 Seal Joints (Wall) 180 LF $10 $1,800 Clean & Seal Joints (Deck) 5 LF $40 $200 Post Concrete 1 CY $1,000 $1,000 Post e inforcin Steel 20 Ibs $5.00 $100 Guard Rail 45 LF 1 $35 $1,575 Contingencies 25% i $2,200 50% $4,400 _MOT Total _ ! $15.275 Estimated Cost f I $16,000 Note 1 Estimate includes repairs to concrete sheet pile walls, concrete slab, concrete pile cap, and rail post. Note 2 Cost without rail post repair $14,000. 0\ 19761. 01\ ActiveN06- Studies\05- Bridgen�ni ,9 4-7 Packet Page -460- Stanley Consultants fi r i r i i i 5/22/2012 Item 11.C. Tables 6a — 6b GUARDRAIL RETROFIT Table 6a Guardrail Length Location L Sides L total Cost ft 600 in W. Appr 200 2 400 Bride 45 2 90 E. Appr 100 2 200 Total ( 0.44 CY Table 6b Cost - Guardrail Item Quantity Unit Unit Price Cost Roadway Guardrail 600 LF $20 $12,000 Bridae Thrie Beam 90 LF $180 $16,200 Contingencies 25 % 2.25 8 i $7,100 Total ( 0.44 CY $35,300 Estimated Cost ( LF ( $40,000 Tables 6c — 6d TRAFFIC RAIL RETROFIT Table 6c Traffic Rail Retrofit Quantities Item Length (ft) Width (in) Thickness (in) Number Sides Quantity Unit _ Remove Curb 45 9 9 1 2 1.88 CY Remove Posts 2.25 8 8 6 2 0.44 CY Traffic Rail 45 600E LF 1 2 90.0 LF Roadway Asphalt 300 18 ( 6 1 2 2.7 Tons Roadway Guardrail 300 I $30,000 2 600.0 LF Table 6d Cost - Traffic Rail Retrofit Item Quantity Unit Unit Price Cost Remove Curb 2.0 CY $1,000 $2,000 Remove Posts 0.5 CY $1,000 $500 Traffic Rail 90 LF $100 $9,000 Roadway Asphalt 3 Tons $130 $390 Roadway Guardrail 600E LF $20 $12,000 Contingencies 25% $6,000 Total ( ( $29,890 Estimated Cost I $30,000 Q \19761.01\Active \06- Studies \05- Bridgen�n159 4 -9 Stanley Consultants Packet Page -461- t 5/22/2012 Item 11.C. Tables 7a — 7d WIDENING Table 7a Widening Quantities - 8 foot Widenin each side Item Length (ft) Width (ft) Thickness (in) Number Sides Quantity Unit Superstructure Concrete 45 9.5 10 CY 2 26.4 CY Substructure Concrete 8.5 2 20 4 2 8.4 CY Superstructure Rebar Concrete Piles - 18" 600 { LF 205 Ibs /CY 6150 Ibs Substructure Rebar $100 $9,000 Guardrail 145 Ibs /CY 1450 Ibs Concrete Piles - 18" 75 CY I $1,000 4 2 600.0 LF Traffic Rail 45 Seal Joints (Sheet Pile Wall ) 180 LF 2 90.0 LF Guardrail 150 $40 $200 2 2-F 600.0 LF Table 7b Cost - 8 foot Widening (each side Item Quantity Unit Unit Price I Cost Superstructure Concrete 30 CY $1.000 $30,000 Substructure Concrete 10 CY $1,000 I $10,000 Superstructure Rebar 6500 Ibs $1.10 $7,150 Substructure Rebar 1500 1 Ibs ( $1.10 $1,650 Concrete Piles - 18" 600 { LF I $90 $54,000 Traffic Rail 90 LF $100 $9,000 Guardrail 6001 LF $20 $12,000 Flowable Fill - Sheet Pile Wall Repair 1 CY I $1,000 $1,000 Epoxy Mortar - Spall Repairs 3 CF $1,000 $3,000 Seal Joints (Sheet Pile Wall ) 180 LF $10 $1,800 Clean & Seal Joints (Deck) f 5 LF $40 $200 Roadway Cost ( 50% $64,000 Contingencies i 25% $32,000 MOT 30% $38,500 Total $264.300 Estimated Cost $270,000 Q\ 19761.01 W ctive \06- Studies\05- Bridge030152 4 -9 Packet Page -462- Stanley Consultants e r t i i r i i i 5/22/2012 Item 11.C. Tables 7a — 7d (continued) WIDENING Table 7c Widening Quantities - Overwidth Widening each side Additional Width = 8 ft Item Length (ft) Width (ft) Thickness (in) Number Sides Quantity Unit Superstructure Concrete 45 17.5 10 $1,000 2 48.6 CY Substructure Concrete 16.5 2 20 4 2 16.3 CY Superstructure Rebar 1200 LF $90 205 Ibs /CY 10250 Ibs Substructure Rebar $9,000 Guardrail 600 145 Ibs /CY 2900 Ibs Concrete Piles - 18" 75 $1,000 $1,000 8 2 1200.0 LF Traffic Rail 45 180 4 LF $10 2 90.0 LF Guardrail 150 $200 Roadway Cost 2 ( 2 600.0 LF Table 7d Cost - Overwidth Widening each side) Item Quantit Unit Unit Price Cost Superstructure Concrete 50 CY $1,000. $50,000 Substructure Concrete 20 CY $1,000 $20,000 Superstructure Rebar 10500 Ibs $1 $11,550 Substructure Rebar 3000 Ibs $1 $3,300 Concrete Piles - 18" 1200 LF $90 $108,000 Traffic Rail 90 LF $100 $9,000 Guardrail 600 LF $20 $12,000 Flowable Fill - Sheet Pile Wall Repair 1 CY $1,000 $1,000 Epoxy Mortar - S all Repairs 3 CF $1,000 $3,000 Seal Joints - Sheet Pile Wall Repair 180 4 LF $10 $1,800 Clean & Seal Joints (Deck) 5 LF $40 $200 Roadway Cost 50% 1 1 $109,000 Contingencies 25%T, I $54,500 MOT 30 %) ! $65.500 Total � E $448,850 Estimated Cost $450.000 Q\ 19761.01\ Active \06 - Studies \05- Bridge030152 4 -10 Stanley Consultants Packet Page -463- 5/22/2012 Item 11.C. Tables 8a — 8b FIBER WRAP Table 8a Quantities - Fiber Wrap Item Length (ft) Width (ft) Number of Units Number of Wraps Quantity Unit Bottom o f Slab 13 26 3 3 3042.0 SF Bent Cap 26 5.33 2 3 832.0 SF Piles 12 3.14 8 3 904.8 1 SF Table 8b Cost - Fiber Wrap Item Quantity Unit Unit Price Cost Fiber Wrap 4780 SF $15.00 $71,700 Contin encies 25% $18,000 Total $89,700 Estimated Cost $90,000 Q\ 19761.01\ Active \06 - Studies \05- Bridgenin1lip 4 -11 Packet Page -464- Stanley Consultants r r t 5/22/2012 Item 11.C. Tables 9a - 9f REPLACEMENT Table 9a Replacement Quantities - Flat Slab Brid e Item Length (ft) Width (ft) Thickness (in) Number Sides Quantity Unit Replacement Bridge 45 47 30 Tons $130 2115 SF P/S Slab Units 36" x 18" 45 $1,000 $40,000 16 5080 720 LF As halt Overlay 45 44 2 110 Ibs /SY /in 24 Tons Substructure Concrete 48 3 36 2 32 CY Substructure Rebar 2115 SF $200.00 145 Ibs /CY 5075 Ibs Concrete Piles - 18" 75 Approach Slab 2820 7 2 1050 LF Traffic Rail 45 $50.00 $68,000 Roadway & MOT 2 90 LF $200,000_ Contingencies 25% $192,000 Total Approach Slab ( 30 47 Estimated Cost 2 2820 SF Bridge Removal N 45 30 1 1350 SF Table 9b Replacement Cost - Flat Slab Brid e Item Quantity._ Unit Unit Price Cost P/S Slab Units 36" x 18" 720 LF $360 $260,000 Asohalt Overlay 30 Tons $130 $4,000 Substructure Concrete 40 CY $1,000 $40,000 Substructure Rebar 5080 Ibs $1.10 $6,000 Concrete Piles - 18" 1050 LF $90.00 $95,000 Traffic Rail 90 LF $100.00 $9,000 Bridge Subtotal $414,000 Bridge SF Cost 2115 SF $200.00 Approach Slab 2820 SF $30.00 $85.000 Bridge Removal 1350 SF $50.00 $68,000 Roadway & MOT $200,000_ Contingencies 25% $192,000 Total $959,000 Estimated Cost $960,000 Q \19761.01\Active \06- Studies \05- Bridge030152 4 -12 Packet Page -465- Stanley Consultants i i 5/22/2012 Item 11.C. Tables 9a — 9f (continued) REPLACEMENT Table 9c Re placement Quantities - Inverted Tee Bridge Item L ng)th Width Thickness ) Number Sides Quantity Unit Replacement Bridge 45 47 $7,000 Superstructure Rebar 9230 Ibs 2115 SF Inverted Tee 18" 45 $1,000 $40,000 23T Ibs 1035 LF Superstructure Concrete 45 1 47 6.5 Traffic Rail 90 Avq t 42 CY Superstructure Rebar $275,000 205 Ibs /CY 9225 Ibs Substructure Concrete 48 3 36 2 SF 32 CY Substructure Rebar SF $50.00 $68,000 145 Ibs /CY 5075 Ibs Concrete Piles - 18" 75 $157,000 7 2 1050 LF Traffic Rail 45 $790,000 2 90 LF Anl)roach Slab 30 47 2 2820 SF Bridge Removal 45 j 30 1 1350 SF Table 9d Replacement Cost - Inverted Tee Bridge Item Quantity Unit Unit Price Cost Inverted Tee 18" 1040 LF $100 $104.000 Superstructure Concrete 50 CY $130 $7,000 Superstructure Rebar 9230 Ibs $1.10 $11,000 Substructure Concrete 40 CY $1,000 $40,000 Substructure Rebar { 5080 Ibs $1.10 $6.000 Concrete Piles - 18" I 1050 LF $100.00 $105,000 Traffic Rail 90 LF $20.00 $2.000 Bridge Subtotal l $275,000 Bridae SF Cost 2115 SF $135.00 Ap roach Slab 2820 SF $30.00 $85,000 Bridge Removal 3 1350 SF $50.00 $68,000 Roadwav & MOT $200,000 Contingencies i 25% $157,000 Total j $785,000 Estimated Cost 1 1 $790,000 0 \19761.01\Active \06- Studies \05- Bridge030152 4 -13 Packet Page -466- Stanley Consultants r r i i t 5/22/2012 Item 11.C. Tables 9a — 9f (continued) REPLACEMENT Table 9e Replacement Quantities - Overwidth Bridge Additional Bridge Width = 8 feet each side Item ( Length (ft) Width (ft) Thickness (ft) Number Quantity Unit Bride 45 63 3780 SF 2835.0 SF Approach Slab 30 63 $50 2 3780.0 SF -Bridge Removal 45 30 Contingencies 25% 1350.0 SF Table 9f Replacement Cost - Overwidth Bridge Item Quantity Unit Unit Price Cost Bridge 2840 SF $135 $384,000 AoDroach Slab 3780 SF $30 $114,000 Bridae Removal 1350 SF $50 $68,000 Roadway & MOT $200,000 Contingencies 25% $191,500 Total $957,500 Estimated Cost $960,000 Q\ 19761.01\ Active \06- Studies\05- Bridge030152 4 -14 Stanley Consultants Packet Page -467- I 0 J 5/22/2012 Item 11.C. Section 5 Conclusions and Recommendations 1 Bridge 030152 has been in service for approximately 56 years. For bridges of this type C C' Li 0 0 C constructed in the mid 1900s, a life span of approximately 75 years has generally been accepted. Like other bridges constructed in that era, there is only a 24 foot clear roadway width on the bridge with no safety shoulders. Over the years, numerous spalls and cracks have developed on this bridge. Since there are no serious problems that threaten the stability of this structure, it should be expected to be in service for another 15 to 20 years. Based on an anticipated life of approximately 75 years, this bridge should be expected to remain in service until approximately 2026. Because of the age of this bridge, the substandard roadway width on the bridge, and the history of vehicle impacts, it is recommended that this bridge be replaced. Replacement costs will be approximately $800,000 to $1,000,000 in 2007 dollars. To develop a more accurate cost estimate, it is necessary to develop a Bridge Development Report in conjunction with environmental and traffic studies. If the condition of the bridge worsens the County should contact FDOT District One to determine if the bridge would qualify for FHWA funding. Because bridges are prioritized for replacement funding based on a statewide ranking formula, and there are no major structural problems on this bridge, federal or state funding may not be available for this bridge unless its condition deteriorates. The County should program this bridge for replacement by 2026 as it nears the end of its anticipated life span. Since replacement of the bridge is not imminent, it is strongly recommended that the substandard guardrail on the bridge be addressed. Since retrofitting the guardrail to protect the curb on the bridge will not improve the turning radius at the west end, it is recommended that the existing curb, guardrail, and post be removed and a traffic rail installed at the edge of the existing slab. This will cost approximately $30,000 and will result in an additional 3 feet of roadway width on the bridge provide increased safety to vehicles using the bridge. While this retrofit will not extend the life of the bridge, it will help minimize damage to the superstructure elements on the west end of the bridge. It is recommended that the County pressure grout any voids behind the sheet pile abutment walls and patch the spalls and open joints between the sheet piles. The spalls in the concrete deck and Q \19761.01\Active \06- Studies \05- Bridge030152 5-1 Stanley Consultants Packet Page -468- 5/22/2012 Item 11.C. keyway, the curb, and the pile cap should also be patched. If a guardrail retrofit has not been installed, the cracked guardrail post on the bridge should be repaired. These repairs will prevent ' future deterioration of the structure and help insure the bridge can remain in service until 2026. These repairs can be accomplished for approximately $16,000. ' If the County is not able to fund the replacement of this bridge, widening may be considered. The minimum width widening will cost approximately $270,000 and will provide a bridge deck width that meets current standards. However, this will not increase the turning radius on and off the ' west end of the bridge unless a reduced shoulder width is used on the bridge. The turning radius can be improved by flaring the west end of the bridge, or constructing a constant width bridge that is approximately 50% wider than the minimum widening width. This will increase the cost of E, r 0 k n widening to approximately $450,000. Since the bridge has been rated as adequate for all legal loads, it is not necessary to increase the capacity of the bridge. Strengthening the bridge with fiber wrap and crutch bents is not recommended unless the bridge condition worsens in the future. The recommended alternatives, estimated costs, and estimated project budgets are tabulated in Table 8. The alternatives are tabulated in the recommended order of importance and effectiveness. Q\19761.01\Active \06- Studies \05- Bridge030152 5-2 Stanley Consultants Packet Page -469- Packet Page -470- 5/22/2012 Item 11.C. C N iL M O LL CT C �E U C V d 0 c N a� E U d d Cn LL w m U CU O N O C +� (Lf (6 a CL � E tq � v1 C t3 0 0 0 aca a � E E a � � C O 0 C Cq O O L E c �a c O cn CU QJ 6 `O N'E0oc� -0 �E w r- in 0 .y O U C N C m a� CL 'L3 U us c9 E O r O 01 0 UZmcL:� CD N 0 Z o 0 0 �, o g C Cc Wm M o 0 0 E 0) CV CA � y d9 CA CA CC: ER C9 C C9 O O O O d 2 CT �i V- N C 69 to CC O O UU 0 lL 0 C U M ,° o C O O O O C� O E ` rMn N a� '° � C o m ds d LO Q b9 EA 0 O O CD O CL L o C° o d Co LO CN U bq c o ifa cC O Y N C O O O G N E d O d 0 O Z N � O V E °o o °o 0 0 0 J fA i� M EA 69 a p U 'O a) O to 7 m m ra c-0 0 0 ° m ip O 3 0 M = a m r) a ro D o m Cn OL @3.ro CO C: a� 45 ['J7 (M C N Zn Y a1 fi as _ w y a as Cu 2 0 o QoE rov Cu .a (V O > UC U O N U N t6 O 'O 0 °' a"R lU 0 0) Q` N CD N Q1 OL X mac- c Fu ❑ cn cn a Z vD m a cn m tv 0 a a N iri to c4 Q� CO ie N Cu iii a) -O CO ni N maw E U `—°�- m ca `° CD E aaM a 0) Cl. L—CE':'� D CM x D w E O E T CL �i vi Packet Page -470- 5/22/2012 Item 11.C. C N iL M O LL CT C �E U C V d 0 c N a� E U d d Cn LL w m U CU O N O C +� (Lf (6 a CL � E tq � v1 C t3 0 0 0 aca a � E E a � � C O 0 C Cq O O L E c �a c O cn CU QJ 6 `O N'E0oc� -0 �E w r- in 0 .y O U C N C m a� CL 'L3 U us c9 E O r O 01 0 UZmcL:� CD N 0 Z 5/22/2012 Item 11.C. Appendix A 2007 Bridge Inspection Report U\1M51.01\Active \06- Stud ies \05- Sridgen3m5? A -1 Stanley Consultants Packet Page -471- 5/22/2012 Item 11.C. Packet Page -472- r 'BRIDGE ID: 030152 DISTRICT: 01 Bartow 5/22/2012 Item 11.C. FLORIDA ^EPARTMENT OF TRANSPOP''ATION BR.JGE MANAGEMENT SYSTE61 Inspection Report PAGE: 1 OF 12 INSPECTION DATE: 4/1912007 MBBZ ' BY: Volkert & Associates BRIDGE NAME: CR 858 OVER DRAINAGE CANAL OWNER: 2 County Hwy Agency YEAR BUILT: 1951 MAINTAINED BY: 2 County Hwy Agency SECTION NO : 0003000000 ' STRUCTURE TYPE: 1 Reinforced Concrete 01 Stab MR 0 LOCATION: E SIDE OF SR 29 & CR 858 ROUTE: 00858 SERVICE TYPE ON: 1 Highway FACILITY CARRIED: CR 858 ' SERV TYPE UND: 5 Waterway FEATURE INTERSECTED: DRAINAGE CANAL THIS BRIDGE CONTAINS FRACTURE CRITICAL COMPONENTS THIS BRIDGE IS SCOUR CRITICAL ' THIS REPORT IDENTIFIES DEFICIENCIES WHICH REQUIRE PROMPT CORRECTIVE ACTION FUNCTIONALLY OBSOLETE STRUCTURALLY DEFICIENT ' TYPE OF INSPECTION: Regular NBI DATE FIELD INSPECTION WAS COMPLETED: ABOVE WATER: 4/19/2007 UNDERWATER: SMART FLAGS: OVERALL NBI RATINGS: ' None DECK: 6 Satisfactory SUPERSTRUCTURE: 6 Satisfactory SUBSTRUCTURE. 7 Good CHANNEL: 7 Minor Damage CULVERT: N N/A (NBI) ' SUFFICIENCY RATING: 482 FIELD PERSONNEL / TITLE / NUMBER iNLTIALS ' Wolfe, Wade - Bridge Inspector (CBI #00382) (lead) Walker, David - Technician REVIEWING BRIDGE INSPECTION SUPERVISOR ' Rucks, Edward - CBI (#00273) CONFIRMING REGISTERED PROFESSIONAL ENGINEER: Teal, Daniel - PROJECT MANAGER (PE # 42097) VOLKERT & ASSOCIATES, INC 3409 W. LEMON STREET STE 1 CERTIFICATE OF AUTHCZATION NO 4.6.41 TAMPA, FL 33609 SIGNATURE: lJUN 4(, DATE I REPORT ID INSP005 (condensed) PRINTED 06/05/2007 Packet Page -473- 0 C 0 r FLORIDA ^EPARTMENT OF TRANSPOPTATION BR.JGE MANAGEMENT SYSTEN, Inspection Report BRIDGE ID: 030152 DISTRICT: 01 Bartow All Elements UNIT:0 DECKS 5/22/2012 Item 11.C. PAGE: 2 OF 12 INSPECTION DATE: 4/19/2007 MBBZ ELEMENT /ENV: 3813 Bare Concrete Stab 1433 sf. ELEM CATEGORY: Decks /Slabs CONDITION STATE (5) DESCRIPTION QUANTITY 2 Repaired areas and /or spalls /delaminations and /or cracks 1433 sf exist in the deck surface or underside The combined distressed area is 2% or less of the deck area ELEMENT INSPECTION NOTES: NOTE: The riding surface is the top of the reinforced concrete stab units Quantity field verified CS2 The right curb has minor scrapes and spalls with no exposed steel up to 1 in deep The deck top has moderate abrasive wear throughout and a minor 1 Din x 4in x 3/81n spall with no exposed steel in lane 2 -2 at bent 2 The right fascia has a 12in x Bin x tin spall with no exposed steel at bridge rail post 1 -3 right The underside of the keyways have honeycomb with no exposed steel up to 3 /4in deep throughout There are four keyway spalls /delaminations with exposed and corroded steel up to 16in x Bin x 31n as follows INCREASE Refer to Photo 1 REPAIR Keyway 2 -2/2 -3 at 1/2 point Keyway 2 -4/2 -5 at bent 2 at 1/2 point and at bent 3 CORRECTIVE ACTION TAKEN: Three fascia spalls with exposed steel in span 1 have been satisfactorily repaired ELEMENTIENV: 30113 Pourable Joint Seat 126 If. ELEM CATEGORY: Joints CONDITION STATE (3) DESCRIPTION QUANTITY 1 The element shows minimal deterioration Adhesion is 121 If sound with no signs of leakage There are no cohesion cracks. The adjacent deck and /or header is sound 3 Major adhesion and /or cohesion failures may be present 51f Signs or observance of leakage along the joint may be present Joint may be heavily impacted with debris and /or stones Major spalls may be present in the deck and /or header adjacent to the joint ELEMENT INSPECTION NOTES NOTE: The expansion joints over the abutments are quantified curb to curb (approach slab width) The expansion joints over the intermediate bents are quantified out to out (structure width) CS3: Joint 1 has a 241n. long area of heavily deteriorated or missing sealant and joint 3 has a 3ft. long area of missing sealant with heavy dirt and debris impaction on the right shoulder INCREASE Refer to Photo 2 REPAIR REPORT ID: INSPOO5 (condensed) PRINTED: 06105/2007 Packet Page -474- r '1 I r J n FLORIDA ^EPARTMENT OF TRANSPOPTATION BR.,JGE MANAGEMENT SYSTE6. Inspection Report BRIDGE ID: 030152 DISTRICT: 01 Bartow All Elements UNIT: 0 SUPERSTRUCTURE 5/22/2012 Item 11.C. PAGE: 3 OF 12 INSPECTION DATE: 4119/2007 MBBZ ELEMENT /ENV: 33313 Other Bridge Railing 90 If. ELEM CATEGORY: Railing CONDITION STATE (3) DESCRIPTION QUANTITY 1 The element shows little or no deterioration. There may be 891f. minor cracking, corrosion, and /or other minor deterioration having no effect on strength or serviceability 2 Minor cracking, spalls, decay of timber portions, or 1 It corrosion of metal may be present ELEMENT INSPECTION NOTES: NOTE. The bridge rails are concrete posts with steel guardrail panels. CS2: Post 3 -1 left has a 1/32in wide crack on the south face Refer to Photo 3. PREVIOUS REPAIR RECOMMENDATION NEED NOT BE REPEATED CORRECTIVE ACTION TAKEN: Posts 1 -1 left and right and 1 -2 right have been replaced ELEMENT /ENV: 20613 Timber Column 8 ea. ELEM CATEGORY: Substructure CONDITION STATE (4) DESCRIPTION QUANTITY 2 Decay, insect/marine borer infestation, abrasion, splitting, 8ea. cracking, checking, or crushing may exist but none is sufficiently advanced to affect strength or serviceability of the element. ELEMENT INSPECTION NOTES: CS2: The timber piles typically have checks up to 1/4 in wide and a soft outer shell up to 1 /2in deep in the splash zone INCREASE ELEMENT /ENV: 21513 R/Conc Abutment 62 If. ELEM CATEGORY: Substructure CONDITION STATE (4) DESCRIPTION QUANTITY 1 The element shows little or no deterioration, There may be 561f discoloration, efflorescence, and /or superficial cracking but without effect on strength and /or serviceability 2 Minor cracks and spalls may be present, but there is no 51f . exposed reinforcing or surface evidence of rebar corrosion. I REPORT ID: INSP005 (condensed) PRINTED: 06/0512007 Packet Page -475- ' FLORIDA °''APARTMENT OF TRANSPOPTATION 5/22/2012 Item 11.C. BR,JGE MANAGEMENT SYSTE6, ' Inspection Report 'BRIDGE ID: 030152 PAGE: 4 OF 12 DISTRICT: 01 Bartow INSPECTION DATE: 4/19/2007 MBBZ IAll Elements tUNIT: 0 SUBSTRUCTURE ELEMENT /ENV: 21513 R/Conc Abutment 62 If. ELEM CATEGORY: Substructure ' CONDITION STATE (4) DESCRIPTION QUANTITY 3 Some delaminations and /or spalls may be present and 1 If. ' some reinforcing may be exposed Corrosion of rebar may be present, but loss of section is incidental and does not significantly affect the strength and /or serviceability of either the element or the bri ' ELEMENT INSPECTION NOTES: CS2: The abutment sheet piles have scale up to 1 /8in deep. Only the upper 4ft of the joints are sealed The lower portions have interlock spalls with no exposed steel or loss of fill as follows: Abutment 1 at 113 point, 141n. x 3in. x 3in Abutment 1 at centerline, 4ft. x 5in x 3in Abutment 3 north end, 12in x 4in x 3in Abutment 3 at 213 point, 12in x 3in x 3in ' Abutment 3 at 3/4 point, 16in x 5in x 3in CS3: There is a 16in x 12in x 3in spalled and delaminated area which is leaking fill at abutment 4 below slab unit 3 -1. Refer to Photo 4 REPAIR ' ELEMENT /ENV: 23413 R/Conc Cap 62 If. ELEM CATEGORY: Substructure CONDITION ' STATE (4) DESCRIPTION QUANTITY 1 The element shows little or no deterioration There may be 571f discoloration, efflorescence, and /or superficial cracking but without effect on strength and /or serviceability . 2 Minor cracks and spalls may be present, but there is no 21f. exposed reinforcing or surface evidence of rebar corrosion t 3 Some delaminations and /or spalls may be present and 31f some reinforcing may be exposed Corrosion of rebar may be present, but loss of section is incidental and does not significantly affect the strength and /or serviceability of either the element or the bridge. ELEMENT INSPECTION NOTES: CS2: Cap 3 has a Tin. x 6in x 1 /2in spall with no exposed steel on the south end and a 12in x 10in. ' x 2in spall with no exposed steel on the west face at keyway 2- 2/2 -3. CS3: The underside of cap 3 has two spalls with exposed steel up to 6in x 4in. x 1 in near pile 3 -1 and one 2in x 2in. x 1 /2in. spall with exposed steel on the underside at the south end. NEW Refer to ' Photo 5 REPAIR IREPORT ID: INSP005 (condensed) Packet Page -476- PRINTED. 06/05/2007 ' FLORIDA ^APARTMENT OF TRANSPOPTATION 5/22/2012 Item 11.C. E RIL)GE MANAGEMENT SYSTEM Inspection Report 'BRIDGE ID: 030152 PAGE: 5 OF 12 DISTRICT: 01 Bartow INSPECTION DATE: 411912007 MBBZ IAll Elements ' UNIT: 0 MISCELLANEOUS ELEMENT /ENV:32113 R/Conc Approach Slab 2 ea. ELEM CATEGORY: Other Elements ' CONDITION STATE (4) DESCRIPTION QUANTITY 2 Minor cracking, spalls may be present but they do not 2ea ' affect the ability of the slab to carry traffic Settlement may be occurring which increases the traffic impact on the bridge ' ELEMENT INSPECTION NOTES: NOTE: The west approach slab has an asphalt overlay, the east approach slab does not CS2: The perimeter of the west approach slab is outlined by a 3 /8in wide crack in the asphalt surfacing The south and north edges (in the shoulder areas) of the west approach slab surfacing are up to 1 -1 /4in higher than the approach roadway surfacing rThe concrete surface of the east approach slab has moderate abrasive wear and map cracking up to 1132in wide The east approach slab has a 1116in. wide longitudinal crack in lane 2 Refer to Photo 6 PREVIOUS REPAIR RECOMMENDATION NEED NOT BE REPEATED woo-NNW I ' ELEMENT /ENV:47513 R/Conc Walls 69 If. ELEM CATEGORY: Other Elements CONDITION STATE (4) DESCRIPTION QUANTITY 1 1 The element shows tittle or no deterioration. There may be 67 If discoloration, efflorescence, and /or superficial cracking but without affect on strength and /or serviceability Random open joints may exist 2 Minor cracks and spalls may be present but there is no 1 If exposed reinforcing or surface evidence of rebar corrosion Open joints may be prevalent ' 3 Some delaminations and /or spalls and /or minor settlement 1 If may be present and some reinforcing may be exposed. Corrosion of rebar may be present but loss of section is incidental and does not significantly affect the strength ' and /or serviceability of either ELEMENT INSPECTION NOTES: NOTE: This element quantifies the concrete sheet pile wingwalls ' The abutment wall deficiencies are addressed in Element 215, R /Cone Abutment Quantity reduced to reflect this change CS2: There is a 16in x 4in. x Sin sheet pile interlock spall with no exposed steel on the SE wingwali LCS3: There is a 36in. x 4in. sheet pile interlock delamination on the NW wingwali. REPORT ID: INSP005 (condensed) PRINTED: 06/05/2D07 Packet Page -477- ' 5/22/2012 Item 11.C. FLORIDA ^rPARTMENT OF TRANS POP"'ATION BR,JGE MANAGEMENT SYSTEM. ' Inspection Report 'BRIDGE ID: 030152 PAGE: 6 OF 12 DISTRICT: 01 Bartow INSPECTION DATE: 4119/2007 MBBZ ' All Elements ' UNIT: 0 MISCELLANEOUS ELEMENTIENV:29013 Channel 1 ea. ELEM CATEGORY: Channel CONDITION STATE (4) DESCRIPTION QUANTITY 2 Bank protection is in need of minor repairs, bank may be 1 ea ' beginning to slump, minor stream bed movement may be evident or debris may be present. ELEMENT INSPECTION NOTES: CS2. There is light vegetation and debris in the channel under the structure, Structure Notes OWNER: COLLIER COUNTY 'TRAFFIC STATEMENT This bridge is not posted According to the latest load rating dated 3!2195, posting is not required This structure inventoried from west to east ' INSPECTION NOTES: MBBZ 4/1912007 Sufficiency Rating Calculation Accepted by kn 110ku -P at 2007 -05 -04 10 4621 ' NONSTRUCTURAL ITEMS The east approach roadway has a roadway width x 1/41n wide transverse crack, 1 f from the approach stab transition REPORT ID: INSP005 (condensed) PRINTED: 06105/2007 ' Packet Page -478- ' FLORIDA r`C.PARTMENT OF TRANSPOP"rATION 5/22/2012 Item 11.C. BRIDGE MANAGEMENT SYSTEM. Inspection Report 'BRIDGE ID: 030152 DISTRICT: 01 Bartow E 0 u R PAGE: 7 OF 12 INSPECTION DATE: 4/19/2007 MBBZ r � � wit �" �r �'`"' -sp �, •� � � � , PHOTO 1: 38f3 Bare Cone Stab Keyway 2- 4/2 -5, spall /de lamination with exposed steel at 112 point - typical REPAIR RECOMMENDATION- Repair 4 keyway spalls /delaminations with exposed steel, 2 -2/2 -3 at 1/2 point. 2 -412 -5 at bent 2, 112 point bent 3 1 REPORT ID: INSP005 (condensed) PRINTED: 06/05/2007 Packet Page -479- 5/22/2012 Item 11.C. FLORIDA r'cPARTMENT OF TRANSPOPTATION BR, jGE MANAGEMENT SYSTEM, Inspection Report BRIDGE ID: 030152 PAGE: 8 OF 12 DISTRICT: 01 Bartow INSPECTION DATE: 4119/2007 MBBZ Missing sealant at joint 3 right - tvp +cal REPAIR RECOMMENDATION Repair 5LF sealant at joints 1 and 3 right REPORT ID INSP005 (condensed) PHOTO 2: 301/3 Pourable Joint Seal Packet Page -480- PRINTED. 06/05/2007 • i r i i FLORIDA r`�PARTMENT OF TRANSPOP- rA.TIQN 5/22/2012 Item 11.C. BR, jGE MANAGEMENT SYSTEM. Inspection Report PAGE: 9 OF 12 INSPECTION DATE: 4/19/2007 MBBZ ' 1132in wide crack on south face of post 3 -1 leh REPAIR RECOMMENDATION. None 1 REPORT ID INSP0o5 (condensed) PHOTO 3: 33313 Other Bridge Raiiinct Packet Page -481- PRINTED: 06/05/2007 5/22/2012 Item 11.C. FLORIDA r"cPARTMENT OF TRANSPOPTATION BR.JGE MANAGEMENT SY'STEN. Inspection Report BRIDGE ID: 030152 PAGE: 10 OF 12 DISTRICT: 01 Bartow INSPECTION DATE: 4119/2007 MBBZ .., r a , Z o ti PHOTO 4: 215 /3 R/Conc Abutment Delaminahon /spall with fill loss abutment 4 below slab unit ? -1 REPAIR RECOMMENDATION Repair 16in x 121n x 3rn del animal owspall with fill loss at abutment 4 below slab unit 3.1 REPORT ID INSP005 (condensed) Packet Page -482- PRINTED 06/05/2007 FLORIDA P=- PARTMENT OF TRANSPOP- rATION 5/22/2012 Item 11.C. BR,jGE MANAGEMENT SYSTEiy, Inspection Report BRIDGE ID: 030152 PAGE: 11 OF 12 DISTRICT: 01 Bartow INSPECTION DATE: 4/1912007 MBBZ PHOTO 5: 23413 R /Cone Cap '!pall with exposed steel. underside of cap 3 at pile - - t'Vp cal REPAR RECOMMENDATION Repair ,3 snvrll spalls mth exppsed steel on enders de of cap 3 at Pile'3.1 antl at snurh +end REPORT ID, INSP005 (condensed) PRINTED. 06,'0512007 Packet Page -483- t FLORIDA REPARTMENT OF TRANSPOP'rATION 5/22/2012 Item 11.C. BR.JOE MANAGEMENT SYSTE6. Inspection Report PAGE: 12 OF 12 INSPECTION DATE: 4/1812007 MBBZ iPHOTOS: 32113 P.1Conc AppFaro Slab 1116m, wide longitudinal crack, east approach stab, lane 2 REPAIR RECOMMENDATION: None II REPORT ID: INSP005 (condensed) Packet Page -484- PRINTED: 06/0512007 W t•- fn z W W c� z LU W C7 O a: "� CO o h+ �' CJ Q = iii 0 a O� IL m lu a z D_ tLl I.._ W lL ~ O v F z W d W 0 d v O 1 U- N N > O UJz o C m a 3 G C j Q o M �4 N � -0 Z O J-3 \ � Ln N (v Q (Ya I N U O !! H lit Z ip �c � f N � r-4 t 44 !'1? 0 41 Q Ln M L} lD Ln Ol Ln N Ln Lt 1 Q I M t a I qaa,3 UT qubTaH ?-i _0 U 04 �-r H CQ a) 44 0 a ft� v+ C 0 0 N i O Lfl Q G7 N X 0 \ Ql Ol r-I ,rtrrm,,,rt„mrr,rrtni m�rrrmm, mr( m�"rtmr,ri *nmr�mmmnnrm*.irrrmr -„ �-.� 1 � I O lti M L(1 lD Ql N r-i C` Q I M 1 r t t 1 H r-I i of gaa3 UT 4ubTaH Packet Page -485- 5/22/2012 Item 11.C. Pap A i of A 2- C Q o M �4 N � Z O J-3 \ Ln N (v Q (Ya o N O ,rtrrm,,,rt„mrr,rrtni m�rrrmm, mr( m�"rtmr,ri *nmr�mmmnnrm*.irrrmr -„ �-.� 1 � I O lti M L(1 lD Ql N r-i C` Q I M 1 r t t 1 H r-I i of gaa3 UT 4ubTaH Packet Page -485- 5/22/2012 Item 11.C. Pap A i of A 2- 1 W N N z W W O Q z W 0 0 Cr. 1: CD O z c� +ti O a. ro LL, H U) 0 z � [E1 � w LL ¢ 0 0 r z w Q C. W Q O O J U. o � a P I w0 m E U) m v m` E 3 z R A M- O I- CL U- L vi 2 Q t W t 2M Co m c a� m LO N M r Co Qi O O CO cn I,- co 1— Qi O O . r M IT N N Co � r if! O 'r M O z ° m ti o � a P I w0 m E U) m v m` E 3 z R A M- O I- CL U- L vi 2 Q t W t 2M Co m c a� m LO N M r Co Qi O O CO cn I,- co 1— Qi O O . r M IT N Co M ti Co N C O 0 CL 0 0 Y m TJ U c C m t0 � wr 0 v c CO O a) E m a a '� O O c !- Qr C`z a@i Packet Page -486- 5/22/2012 Item 11.C. Page A Z— of A 2— 1 ,,,fit r C H f. J 1W L' u 0 0 n n n r FL(" °tDA DEPARTMENT OF TRANSPORTATION 5/22/2012 Item 11.C. BRIDGE MANAGEMENT SYSTEM Comprehensive Inventory Data Report REPORT ID: INVT001A COMPREHENSIVE Page 1 of 5 Structure ID: 030152 DATE PRINTED: OSM512007 4�D�esclription Structure Unit Identification Bridge/Unit Key: 030152 0 Structure Name: CR 858 OVER DRAINAGE CANAL Description: MAIN SPAN 1 Type: M Main Roadway Identification: Roadway Traffic and Accidents NBI Structure No (8) 030152 Lanes (28) 2 Medians 0 Speed 45 mph Position/Prefix (5) Route On Structure ADT Class ADT Class 3 Kind Hwy (Rte Prefix) 4 County Hwy Recent ADT (29) 1500 Year (30) 2007 Design Level of Service 1 Mainline Future ADT (114) 1875 Year (115) 2027 Route Number /Suffix 0085810 N/A (NBI) Truck % ADT (109) 10 Feature Intersect (6) DRAINAGE CANAL Detour Length (19) 6.2 mi Critical Facility Not Defense -crit Detour Speed 45 mph Facility Carried (7) CR 858 Accident Count -1 Rate -1 Mile Point (11) 0 Latitude (16) 026418'06" Long (17) 08142010" Roadway Classification Roadway Clearances Nat. Hwy Sys (104) 0 Not on NHS Vertical (10) 99.99 ft Appr. Road (32) 24.1 ft National base Net (12) Not on Base Network Horiz. (47) 24.1 ft Roadway (51) 24.1 ft LRS Inventory Rte (13a) 03 000 000 Sub Rte (13b) 00 Truck Network (110) 0 Not part of natl netwo Functional Class (26) 09 Rural Local Toll Facility (20) 3 On free road On Federal Aid System N Fed. Lands Hwy (105) 0 N/A (NBI) Defense Hwy (100) 0 Not a STRAHNET hwy School Bus Route F--'] Direction of Traffic (102) 2 2 -way traffic Transit Route ❑ Emergency❑ t. CWL'f VOLKERT & AS-SIX TES, INC. 3409 W. LEMON STREET STE 1 TAMPA, FL 33609 CERT. OF AUTHORIZATION NUMBER 4641 DANIEL B. TEAL PE# 42097 Packet Page -487- t 5/22/2012 Item 11.C. FLODIDA DEPARTMENT OF TRANSPORTATION BRIDGE MANAGEMENT SYSTEM Comprehensive Inventory Data Report REPORT ID: INVT001A COMPREHENSIVE Page 2 of 5 Structure ID: 030152 DATE PRINTED: 06/05/1007 u i f' L 0 u F 0 C f �J 7 u r Structure identification Admin Area Naples - Collier County District (2) Di - Bartow County (3) (03)Collier Place Code (4) No city involved Location (9) E SIDE OF SR 29 & CR 858 Border Br St/Reg (98) Not Applicable (P) Share 0% Border Struct No (99) FIPS State/Region (1) 12 Florida Region 4- Atlanta NBIS Bridge Len (112) Meets NBI Length Parallel Structure (101) No 11 bridge exists Temp. Structure (103) Not Applicable (P) Maint. Resp. (21) 2 County Hwy Agency Owner (22) 2 County Hwy Agency Historic Signif. (37) 5 Not eligible for NRHP Structure Type and Material Curb/Sidewalk(50): Left 2.3 ft Right Bridge Median (33): 0 No median Main Span Material (43A): 1 Reinforced Concrete Appr Span Material (44A): Not Applicable Main Span Design (436): 01 Slab Appr Span Design (44B): Not Applicable Geometries Spans in Main Unit (45) 3 Approach Spans (46) 0 Length of Max Span (48) 15.1 It Structure Length (49) 45.2 ft Deck Area 1433 sqft Structure Flared (35) 0 No flare Ane and Service Year Built (27) 1951 Year Reconstructed (106) 0 Type of Service On (42a) 1 Highway Under (42b) 5 Waterway Fracture Critical Details Not Applicable Deck TyI 2.3 ft Deck Width (52): Skew (34): Deck Type (107): Surface (108): Membrane: Deck Protection: A —pp raisa Structure Appraisal Open/Posted /Closed (41) A Open, no restriction Deck Geometry (68) 4 Tolerable Underclearances (69) N Not applicable (NBI) Approach Alignment (72) 7 -No Accel/Reduce Curve Bridge Railings (36a) 0 Substandard Transitions (36b) 0 Substandard Approach Guardrail (36c) 0 Substandard Approach Guardrail ends (36d) 0 Substandard Scour Critical (113) 8 Stable Above Footing Minimum Vertical Clearance Over Structure (53) 99.99 ft Under (reference) (54a) N Feature not hwy or RR Under (54b) 0 ft Load Rating Design Load (31) 2 M 13.5 (H 15) Rating Date 3!2/1995 Initials DT Posting (70) 5 At/Above Legal Loads 6 Schedule, Current Inspection Inspection Date: 04119/2007 Inspector: KN738WW -P - Wade Wolfe Bridge Group: BD523 Primary Type: Regular NBI Review Required: Q �e and Material 31.7 0 2 Concrete Precast Panel 0 None 0 None None Navigation Data Navigation Control (38) Permit Not Required Nav Vertical Clr (39) 0 ft Nav Horizontal Cir (40) 0 ft Min Vert Lift Cir (116) 0 ft Pier Protection (111) Not Applicable (P) NBI Condition Rating Sufficiency Rating 482 Structural Eval (67) 4 Minimum Tolerable Deficiency Not Deficient Minimum Lateral Undercieamnce Reference (55a) N Feature not hwy or RR Right Side (55b) 0 ft Left Side (56) 0 ft Operating Type (63) 1 LF Load Factor Operating rating (64) 42.4 tons Alternate -1 Inventory Type (65) 1 LF Load Factor Inventory Rating (66) 14.1 tons Alternate -1 At Meth -1 Next Inspection Date Scheduled NBI: 4/19/2009 Element: 04 /19/2009 Fracture Critical: Underwater. Other/Special: 1 Packet Page -488- r 0 7 171-013113A DEPARTMENT OF TRANSPORTATION 5/22/2012 Item 11.C. BRIDGE MANAGEMENT SYSTEM Comprehensive Inventory Data Report REPORT ID: INVT001A COMPREHENSIVE Page 3 of 5 Structure ID: 030152 DATE PRINTED: 06/05/2007 � Schedule Con Inspection Types Performed N13I1 Element Q Fracture Critical ❑ Underwater ❑ Other Special ❑ Inspection Intervals Required (92) Frequency (92) Last Date (93) Fracture Critical ❑ mos Underwater ❑ mos Other Special ❑ mos NBI 24 mos (91) 04/19/2007 (90) Bridge Scour and Storm Information Pile Driving Record All pile driving records Foundation Type Foundation details Mode of Flow Riverine Rating Scour Eva[ Low Risk - High Highest Scour Eval Phase I completed 7 Co di NBI Rating Channel (61) 7 Minor Damage Deck (58) 6 Satisfactory Superstructure (59) 6 Satisfactory Substructure (60) 7 Good In_ section Resources Crew Hours 4 Flagger Hours 0 Helper Hours 0 Snooper Hours 0 Special Crew Hours 0 Special Equip Hours 0 Bridge Rail 1 Steel guard/concret post Bridge Rail 2 Not applicable -No rail Electrical Devices No electric service Culvert Type Not applicable Maintenance Yana 0 FIHS ON / OFF No Routes on FIHS Previous Structure Single Unit Truck 2 Axles 29.1 tons Single Unit Truck 3 Axles 40.3 tons Single Unit Truck 4 Axles 39.1 tons Combination Unit Truck 3 Axles 47.9 tons Combination Unit Truck 4 Axles 44.8 tons Combination Unit Truck 5 Axles 48.9 tons Truck Trailer 5 Axles 58.7 tons Posting Weight 99 tons Actual SU Posting 99 tons Actual C Posting 99 tons Actual T Posting 99 FL 120 Long Gov Span -1 tons FL 120 Trans -1 tons Single Axle Trans -1 tons Tandem Axle Trans -1 tons Wing Span -1 ft Web to Web Span -1 ft HS20 OPR Rating Max Span 42.4 tons FL 120 Long Max Span -1 tons Scour Recommended I Stop scour evaluations Scour Recommended II Perform countermeasures Scour Recommended III Scour Elevation 0 Action Elevation 0 Storm Frequency -1 Culvert (62)N N/A (NBI) Waterway (71) 7 Above Minimum Unrepaired Spalls -1 Review Required 0 Packet Page -489- 5 Custom General Bridge Information Parallel Bridge Seq Channel Depth 2.3 ft Radio Frequency -1 Phone Number (000) 000 -0001 Exception Date Exception Type Unknown Accepted By Maint 01/01/1951 Warranty Expiration 00 /00/0000 Bridge Load Rating Information HS20 Govr. Span Length 14.1 ft L -Rating Origination Unknown Load Rating Date OM211995 Method Calculation Others Load Dist Factor 1 Impact Factor 30 Design Method Load Factor Design Measure English Recommend SU Posting 99 Recommend C Posting 99 Recommend T Posting 99 Gov FB Span 0 ft Gov FB Spacing 0 ft FB HS20 Rating 0 FB SU4 Rating 0 FB Present N FB INY Rating Factor FB OPR Rating FactorO FB FL 120 0 tons Bridge Scour and Storm Information Pile Driving Record All pile driving records Foundation Type Foundation details Mode of Flow Riverine Rating Scour Eva[ Low Risk - High Highest Scour Eval Phase I completed 7 Co di NBI Rating Channel (61) 7 Minor Damage Deck (58) 6 Satisfactory Superstructure (59) 6 Satisfactory Substructure (60) 7 Good In_ section Resources Crew Hours 4 Flagger Hours 0 Helper Hours 0 Snooper Hours 0 Special Crew Hours 0 Special Equip Hours 0 Bridge Rail 1 Steel guard/concret post Bridge Rail 2 Not applicable -No rail Electrical Devices No electric service Culvert Type Not applicable Maintenance Yana 0 FIHS ON / OFF No Routes on FIHS Previous Structure Single Unit Truck 2 Axles 29.1 tons Single Unit Truck 3 Axles 40.3 tons Single Unit Truck 4 Axles 39.1 tons Combination Unit Truck 3 Axles 47.9 tons Combination Unit Truck 4 Axles 44.8 tons Combination Unit Truck 5 Axles 48.9 tons Truck Trailer 5 Axles 58.7 tons Posting Weight 99 tons Actual SU Posting 99 tons Actual C Posting 99 tons Actual T Posting 99 FL 120 Long Gov Span -1 tons FL 120 Trans -1 tons Single Axle Trans -1 tons Tandem Axle Trans -1 tons Wing Span -1 ft Web to Web Span -1 ft HS20 OPR Rating Max Span 42.4 tons FL 120 Long Max Span -1 tons Scour Recommended I Stop scour evaluations Scour Recommended II Perform countermeasures Scour Recommended III Scour Elevation 0 Action Elevation 0 Storm Frequency -1 Culvert (62)N N/A (NBI) Waterway (71) 7 Above Minimum Unrepaired Spalls -1 Review Required 0 Packet Page -489- FLOOtDA DEPARTMENT OF TRANSPORTATION 5/22/2012 Item 11.C. BRIDGE MANAGEMENT SYSTEM Comprehensive Inventory Data Report 'REPORT ID: INVT001A COMPREHENSIVE Page 4 of 5 Structure ID: 030152 DATE PRINTED: 06/05/2007 1 Elements Inspection Date: 4119 /2007MBBZ pen IdIemlErlescription I t2ty1 N.1_ QtY2 y.2 Qty3 7.3 t]tyd '%4 tom$ . 'ti5 _T Qty ( rr 0 138/3 -Bare Concrete Slab II 0- II 1433_11100. Ii 0 11 11 - 0 It Ir_� 1433 sf...1 Notes NOTE: The riding surface is the top of the reinforced concrete slab units Quantity field verified. CS2: The right curb has minor scrapes and spalls with no exposed steel up to tin. deep. The deck top has moderate abrasive wear throughout and a minor t Din- x 4in. x 3 /bin. spall with no exposed steel in lane 2 -2 at bent 2. The right fascia has a 12in x 8in. x tin. spall with no exposed steel at bridge rail post 1 -3 right, The underside of the keyways have honeycomb with no exposed steel up to 3 /4in. deep throughout. There are four keyway spalls/delaminations with exposed and corroded steel up to 16in x 8in. z Sin. as follows, INCREASE Refer to Photo 1. REPAIR Keyway 2 -2/2 -3 at 1/2 point Keyway 2 -4/2 -5 at bent 2 at 1/2 point and at bent 3. CORRECTIVE ACTION TAKEN: Three fascia spalls with exposed steel in span 1 have been satisfactorily repaired. 0 1301/3 IPourable Joint Seal 11 121 96 03, _ 0 . J1 5 97 1[ 0 1( 11 0 lh , L. 12B H. Notes NOTE: The expansion joints over the abutments are quantified curb to curb (approach slab width). The expansion joints over the intermediate bents are quantified out to out (structure width). CS3: Joint 1 has a 24in, long area of heavily deteriorated or missing sealant and joint 3 has a 3ft. long area of missing sealant with heavy dirt and debris impaction on the right shoulder. INCREASE Refer to Photo 2 REPAIR 0 333!3 pther Bridge Railing J� 89 -98.89 11 1 111 11 11 p p � Q J 11 901f. Notes NOTE: The bridge rails are concrete posts with steel guardrail panels. CS2: Post 3 -1 left has a 1132in. wide crack on the south face Refer to Photo 3, PREVIOUS REPAIR RECOMMENDATION NEED NOT BE REPEATED CORRECTIVE ACTION TAKEN: Posts 1 -1 left and right and 1 -2 right have been replaced. 0 CS2. The timber des Column ypical! have checks up to 114 in. wide and a soft outer shell i 1� 11 p - 1L -_ I t $ S 8 11100. _11 Notes P typically 11 up to 1 /tin. deep in the splash zone. INCREASE 0 1215/3 IR/Conc Abutment 11 56 r11-032 1[-5 _ i8, 06 11 1 _ _ ji1 _.61 11 0 11 11 _..0. Ir _. _ I L ` -82 If. Notes CS2: The abutment sheet piles have state up to 1 18in. deep Only the upper Oft. of the joints are sealed. The lower portions have interiock spalls with no exposed steel or loss of fill as follows: Abutment 1 at 1/3 point, 14in. x 3in. x 3in. Abutment 1 at centerline, Aft. x 5in. x 3in Abutment 3 north end, 12in. x 4in x 3in. Abutment 3 at 2/3 point, 12in. x 3in. x 3in. Abutment 3 at 3/4 point, 16in. x 5in x 3in CS3: There is a 16in. x 12in. x 3in spalted and delaminated area which is leaking fill at abutment 4 below slab unit 3 -1- Refer to Photo 4. REPAIR 0 234(3 R/Conc Cap I 57 91.94 II 2 1h.23 _ 3 ltd 84 11 0 1! -�� 0 1 1 62 K. Notes CS2: Cap 3 has a Tin x 6in x 1 /2in spall with no exposed steel on the south end and a 12in. x 10in x 2in spall with no exposed steel on the west face at keyway 2- 2/2.3. CS3: The underside of cap 3 has two spalls with exposed steel up to 6in. x 4in, x tin. near pile 3-1 and one 2in x 2in x 1 12in, spall with exposed steel on the underside at the south end. NEW Refer to Photo 5. REPAIR Packet Page -490- i, FLO°rDA DEPARTMENT OF TRANSPORTATION 5/22/2012 Item 1 1.C. BRIDGE MANAGEMENT SYSTEM Comprehensive Inventory Data Report REPORT ID: INVT001A COMPREHENSIVE Page 5 of 5 structure ID: 030152 DATE PRINTED: 06/05/2007 Elements Inspection Date: 411912007MBBZ Span Id f1em/Enboscription - J� Qty1 I %I I ' Qty5 I y5 II T Qy ' tyO , p 129013 Channel �... � .. °'---1 o I� ._. ll , ea. ..__I Notes CS2: There is light vegetation and debris in the channel under the structure. 0 32113 R/Gonc Approach Stab lf._.. 0.__...._. N 2.. _ I�100...- II 0 a Notes NOTE: The west approach slab has an asphalt overlay; the east approach slab does not 1 CS2: The perimeter of the west approach slab is outlined by a 3 /8in. wide crack in the asphalt surfacing. The south and north edges (in the shoulder areas) of the west approach slab surfacing are up to 1- 1/4in. higher than the approach roadway surfacing. The concrete surface of the east approach slab has moderate abrasive wear and map cracking up to 1/32in. wide. The east approach slab has a 1 /16in. wide longitudinal crack in lane 2. Refer to Photo 6. PREVIOUS REPAIR RECOMMENDATION NEED NOT BE REPEATED, 0 141 7'513 �2/Conc Walls II 67 IrJ7 81 II 1 111.45 II 1 �L74 ll 0 i� 0 _ 1� 69 1f. Notes NOTE: This element quantifies the concrete sheet pile wingwalls. The abutment wall deficiencies are addressed in Element 215, R/Conc Abutment. Quantity reduced to reflect this change. CS2: There is a 16in. x 41n. x 3in. sheet pile interlock spall with no exposed steel on the SE wingwall. CS3: There is a 36in. x 4in, sheet pile interlock delamination on the NW wingwall. Total Number of Elements: 9 Inspection Information Inspection Date: 04 19 2007 Type: Regular NBI Inspector: KN738WW -P - Wade Wolfe Inspection Notes: Sufficiency Rating Calculation Accepted by kn110ku -P at 2007 -05-04 10:46:21 NONSTRUCTURAL ITEMS: The east approach roadway has a roadway width x 1 /4in. wide transverse crack, 1ft. from the approach slab transition. Structure Notes OWNER: COLLIER COUNTY TRAFFIC STATEMENT: This bridge is not posted. According to the latest load rating dated 3/2/95, posting is not required. This structure inventoried from west to east. u 0 IPacket Page -491- E �a E; 'a 5/22/2012 Item 11.C. r C3LRCI rGSC --t-1 e- Ulu MM r C3LRCI rGSC --t-1 e- Z 3 8 v C O m C 3 O 5/22/2012 Item 11.C. Packet Page -493- d N n 0 h O N S V O h On m O iff S m O N N n A t�] O M O N S O N M m O d N Y ': O1 N lq O O N m N fV m�A ro�� O Ol C'f m A Nm N N ONONm� mN p�NmN N b QMMmV a9 N A G lhN llZ m 0001 mNI�lNNNO� m m N d m C �q Z w H N g N N N N N w NNrSNSNNAmO1 N H NO N w w H N-p� N w N N H N NC H N M H N '. yN N 8""88021 N p N N N N N oqo NOlO�,ImoSNNOt�m� t-tDD p O V �ry S NHNn�Nm A N mmeO mm�NCC S N SN N Ili 0i 6 � S nN NN NNN NON Oni N tON OAi tD d ON Nn�NCO' ON O m N N N Ol t 2 ry1�1 g °o $8 oO o ° o g °o °o 8 8m 8 8080 8mON8i �ON S 8iOp 9 58Nn 8 8N S S R 8G oN 8f SryoO J � Soo 8 N N S O8i 0 v1 A V pO� ! O Om CN8l_o8N � �8 d to� N N q o8o m So C f80 mGNN p 10 N NGN V d � Oo p N N M g N w N N- N- N N N N N N g N N H N q N N N w N N N N N H H 88888"8 M N M M MIMI$ oS$p8p °0 888888 8 8 8 8�p8 V SS�Oo�N Nl+l Q88o8SS88000 021 N SO<gO�CmMmNN m n [V nn°iAmm O o ONi 8 'O NN NN�S'001m e8 (y 3 � p N 0 0 N A M A O m S m A m S m 8 G ImO m S N m A S lf� m N 0 0 E° 0 O$ O N N A dOfO J J m m Om nNN m tD d mOlr [7 N p N m Am m �Np mr N A m ONi Ad8Nh0OlN pOpl < m h mN N N mN 10 6 tN N m O C OD N d o NN0tD lad 1�p) N N (02121" N 6 - y O � S m V �- N ill OI N N d d 0 t7 O �6 6 c; O C n m < N Q B O N S p d O t7 u 6 N N N N- N g N H N w N q g q H N N q N N H N N N w N w w N w N N O1 m O m m M M m S l7 N d N T O N m m m N ldl m d t0 S S m N n N A S C Op C 7 N H O0) m O N N n N Z z N OOONOOOON O A N O M 000 O N n S0SOSN NSONOO T OSoONbN O lD 0000 D0S 00 YOO $ J NN A S m b mm m .'I O 21 S dNN N N O m N N n �O N b 2- 0 NO000 m 0 H n O m n 0 0 0 l0 < N lV [V fV . N' ` u° n 2 Z ww.H w w w N w Nw w wHwwwwwwwwwwwN H Nww w H N wN HN wNNww 00882100 www OS� piO r.N-O Oim OOi S OOSyOO� 21"210 21000218" h O ��O 2 u A W S N S N N A N N p N O N Y) IOOO N IOOp t^�l V d N A 0' n O O f 1- Z 4 Q NSNd m S N$p m $ ON W 21210" 16 ^ N m 0 CmmN 00 $Om6 N l0 & 0N O 6l4 m Y b N NNtmO OmN i m N N M OO N O °Mh G mNm n < Om b an N l7 A N 1O G 0 C F O N N 14 N OI Ol G m O of N Vf cl qw w HNN w w w Nw w N H w N w N N g w w w w H N wHww wqq m °g» »� »^ N NDYw�°o L 6 3 = 8 5 8 8 8 0 0 0 0 0N 0 O A A 0 0 S b O S S O 0 N O N O 0 S F O nbN^ O rO _ NN_ O0 mN0S 1N N M r4 w; m m00 = N N d N 0 p Nn NN N m n N 210 80 �ONm i OT m0 d m oNS N O w w H H H H w w w N H w w H w N H w w w w" w w NN _ w N °o oo, 1 W Nlm °o N o° °o o °o °o .°n 'r' °o m °° °° °o V °o °o f' °o ° N, E a z � rn m N o66hm m m ^4 ON llIli N L6 O m cli G 0+ N 0°i m N O 6 N d d 0 N N p N< r N N mm N O T1 T11T T[[[lil"l o u�� a ¢a ¢QZ z Ni>c�iv mu m LL m • ° m m U 6 u W O C O Q JQ 0 2 N W O N C7 m w a� m¢ m W U W 0 6 S J Z J W Z O g g O O S m W m Qa w a? ti Z_ z u > °w_ u o$ o° d i v 2 w R 6 U ,W. w�p�,waw Z 3 D h 0 0 z 0 Y O K K> w o d U mLL ¢ m c9z o 5coi� ¢au �zo a ozd� zi w e �a i o g >Ow Wua> o R a O as 0z a m rw�O1w muj °w w� g '�•- U m a> F¢ ii inn z ?BN.. = zl- Z ? p C z W C J> R m c9 Q u cam N W d m Q R a K W N S J Z o a 0 Z H N W m m U ¢O 2 C N W w w W' m N 41 > W U H H S 1- U L-1 m > O N w m OU 2 a K a z S w a oc9msyJ z z w w a" a rc v z m¢ i wI o m U �' O w v _� �_ z z 'a a C y o 000a5 z m `m w w tt m SSa- a N r O x owo��ln z w w w m p¢ u� K w 0 qq z w¢ J 7 w ti u h m S F w w W a i U 7 0 w z rc rc o O o f Y w Z Z Z U 6 yy�� S Oz rc rc z Wii i mmm Y g O ZZz i¢ tnu GG U Z V W? a w O i f y LL U W O i m w i U? 6 i Q U. 0 0 SS 22 Z • 22 f �d Y t O oS�o nn c'�'h� $ dry m mdcgi o 0 2z d J. AuS Packet Page -493- 0 E a n m °C m v t o c 3 O f i i .— ;_> - -oz >,_ a> a a> a 5s a a> a> a a 5-- O W - s d T n Packet Page -494- 5/22/2012 Item 11.C.