Agenda 09/11/2012 Item #11F9/11/2012 Item 11.17.
Recommendation to award Contract No. 12 -5917, in the amount of $1,042,050, to A.C. Schultes of
Florida, Inc., and authorize a budget amendment in the the amount of $350,000, for the Livingston
Road Irrigation Quality Water Aquifer Storage and R covery Well below the underground source
of drinking water, Project 74030.
OBJECTIVE: The public purpose of this project is to pilot test Aquifer Storage and Recovery (ASR)
technology for eventual production use that will increase the availability of irrigation quality (IQ) water to
be used for irrigation. This action is to award a construction contract to extend the existing ASR well
below the underground source of drinking water (USDW), Project 74030.
CONSIDERATIONS: On June 24, 2008, as Agenda It m IOG, the Board of County Commissioners
(Board) adopted the 2008 Wastewater Master Plan Update that identified the requirement for an IQ water
aquifer storage and recovery system. The proposed scope of work is consistent with the 2008 Wastewater
Master Plan Update, Project 74030, "IQ Water ASR," Section 8, Table 8 -1, page 7 of 7, line 148, and the
2010 Potable Water CIP Update, page 3 of 4, line 93, as identified in the 2011 User Fee Rate Study.
The Livingston Road ASR Well Project was developed to enhance the county's IQ water program by
providing a seasonal point of storage for IQ water prod
supplemental wells. The ASR facility will inject (recharg
with low demand and store the recharge until dry seas,
recovered for distribution. This project was placed on
regulations related to ASR systems. In response, the
evaluate end -state alternatives and identified a compN
evaluation yielded a recommendation to extend the exis
pilot testing. The work to be performed includes explora
injection well system; construction of a monitoring well
ground mechanical piping and valves, electrical and coi
testing is complete, and the storage capacity of the zi
potential to drill four additional ASR wells on the site, wl
A at the water reclamation facilities, and by
IQ water into the aquifer during rainy seasons
c with high demand, when a portion will be
)Id due to more stringent changes in federal
>unty engaged in a comprehensive study to
best -value solution. The outcome of this
g ASR well below the USDW, and to begin
y drilling and testing within the existing ASR
scharge pipeline; and, reinstallation of above
it equipment. Once exploratory drilling and
below the USDW confirmed, there is the
i is consistent with the 2008 Master Plan.
On February 28, 2012, as Agenda item 16C2, the Board accepted a grant (reference attachment 4) from
the South Florida Water Management District (Big Cypress Basin), for alternative Water Supply Grant
Funds that will provide partial funding for this project, in the amount of $100,000.
The Livingston Road IQ Water ASR System Well, Bid No. 12 -5917, was posted on June 6, 2012, with
1787 electronic notices sent to vendors that provide these services. Eighty -Nine (89) bidders downloaded
full bid packages and the county received three (3) bids, as follows:
VENDOR
BID
A.C. Schultes of Florida, Inc.
$1,042,050
Wells & Water Systems, Inc.
$1,113,400
Douglas N. Higgins, Inc.
$1,154,763
In accordance with Article 12.7 of the Solicitation Document and Collier County Purchasing Policy
Article XI.(2)(a) ( "Preference to Local Businesses "), Staff offered Fort Myers based contractor, Wells &
Water Systems, Inc. the "right to match" the prices submitted by the lowest non local bidder in the
amount of $1,042,050. Wells & Water Systems, Inc. declined the offer to snatch this price, and therefore
Packet Page -1418-
9/11/2012 Item 111.
the contract will be awarded to A.C. Schultes of Florida, Inc. Staff and the local project design engineer,
CDM Smith, Inc., determined that the low bid is fair and reasonable and recommend awarding the
contract to A.C. Schultes of Florida, Inc. The low bid was 13.3% percent above the design engineer's
opinion of cost of $920,000. The Purchasing Department concluded that bidding was competitive, and
representative of market conditions. The bid tabulation, graph, and design professional's
recommendation letter are attached (Attachments 1, 2, and 3).
FISCAL IMPACT: A budget amendment is required to transfer funds from Project 73307
(Neighborhood Enhancements) to Project 74030. Funding is consistent with the FY12 Capital Budget
approved by the Board on September 22, 2011. The source of funding is Wastewater User Fees, Fund
414.
This exploratory project (including cycle testing) is expected to be completed by 2015. All incremental
pilot operating (non - personnel) costs will be covered by Wastewater User Fees, Fund 414, as reflected in
the table below. Once an operating permit is obtained in two to three years, production operating costs
will be covered by the Water / Sewer Operating Fund 408.
Elements
FY 2012
FY 2013
FY 2014 - FY2032
Capital Outla
$1,042,050
$0
$0
Net Operating Effect*
$0
TBD*
TBD*
*Once exploratory drilling and testing is complete, and capacity of the new storage zone confirmed,
production operating costs will be determined.
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.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the Governing Board
of the Collier County Water -Sewer District,
award Contract 12 -5917 to A.C. Schultes of Florida, Inc., in the amount of $1,042,050;
authorize a budget amendment in the amount of $350,000; and,
authorize the Chairman to sign the attached contract after final review by the County
Attorney's Office.
Prepared by: Alicia Abbott, Project Manager, Public Utilities Planning and Project Management.
Attachments:
Attachment 1
Bid Tabulation
Attachment 2
Graph
Attachment 3
Engineer's Letter of Recommendation
Attachment 4
Grant Agreement
Attachment 5
Contract No. 12 -5917
Attachment 6
Addendum
Packet Page -1419-
9/11/2012 Item 11.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.F.
Item Summary: Recommendation to award Contract No. 12 -5917, in the amount of
$1,042,050, to A.C. Schultes of Florida, Inc., and authorize a budget amendment in the the
amount of $350,000, for the Livingston Road Irrigation Quality Water Aquifer Storage and
Recovery Well below the underground source of drinking water, Project 74030.
Meeting Date: 9/11/2012
Prepared By
Name: AbbottAlicia
Title: Project Manager,Public Utilities Engineering
6/29/2012 4:55:54 PM
Submitted by
Title: Project Manager,Public Utilities Engineering
Name: AbbottAlicia
6/29/2012 4:55:55 PM
Approved By
Name: Steve Messner
Title: Plant Manager,Water
Date: 6/30/2012 11:13:52 AM
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 7/2/2012 9:32:16 AM
Name: JohnssenBeth
Date: 7/11/2012 10:46:12 AM
Name: Jon Pratt
Date: 7/11/2012 1:29:51 PM
Name: SunyakMark
Packet Page -1420-
Title: Project Manager, Principal,Public Utilities Engine
Date: 7/26/2012 10:04:08 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 8/15/2012 2:18:17 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 8/16/2012 10:55:48 AM
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 8/17/2012 8:43:22 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 8/22/2012 4:36:05 PM
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 8/23/2012 10:25:14 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 8/23/2012 4:56:43 PM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 8/24/2012 12:00:09 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 8/31/2012 9:17:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/31/2012 10:47:54 AM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 9/2/2012 11:24:59 AM
Name: OchsLeo
Packet Page -1421-
9/11/2012 Item 11.F.
Title: County Manager
Date: 9/4/2012 12:38:48 PM
Packet Page -1422-
9/11/2012 Item 11.F.
�m
9�
s
a
E
8 B H 8 8 H H
x
F �
Y
D
s
3
0
o
0
o
9/11/2012 Item 11.F.
I ME
3 3 3 3 3 3 3 3 3 3 3 3
9 3 6 3 3 3 3 3 3 3 3 3 3 3
a a a
3
8 O
$ 8 8 S 8 8 8 8 8 g 8$
°g a EBBS 8 8 m e g g 8 g
8$ 8 8 $$$ 8 $ a
S 6 o
g g S g g g$ g s g g 8
$ 8 $ 8 $ $ $ g g 8 $ $
8
BE
$ 8 $
g ° 8 8 8 8 8 8 $ E g g $
8 8 8 8 8 8 8 S
o g g g g g g g g g 8 °g 6 0
Packet Page —1423—
5�
u
F °a
3
e�qj
save
a -=-
Wg��»
g 2
2 c
c n
n H
H.
c �
�
TT F
F
Packet Page —1423—
5�
u
F °a
3
e�qj
save
a -=-
Wg��»
9/11/2012 Item 11.F.
MO
M
Packet Page -1424-
Bid Results for ITI3 # 12-5917 (Livingston Road IQ Water ASR System)
$1,400,000
KEY:
$1,200,000
Dashed Green-
--------------- - -- AVERAGE BID
...................................................
$1,000,000
Dashed black -
+ / -1 std dev
of avg bid
$800,000
Dotted red-
........................................ ...............
............... +/- 20% of eng
estimate for
$600,000
horizontal
construction
$400,000
$200,000
t
2
$0
Erg Est AC Schultes of Florida Wells & Water Systems, Douglas N. Higgins
Inc.
MO
M
Packet Page -1424-
H
s
2180 W. First Street
Suite 400
Fort Myers, Florida 33901
tel: 239 938 -9600
fax: 239 339.6418
July 25, 2012
Ms. Alicia Abbott
Public Utilities Planning and Project Management Department
3339 Tamiami Trail East, Suite 303
Naples, FL 34112
Subject: Livingston Road IQ Water ASR System - Well Below the USDW
Bid No. 12 -5917
Low Bid Evaluation - Recommendation for Contract Award
Dear Ms. Abbott:
9/11/2012 Item 115.
On July 13, 2012, bids were received by Collier County for the Livingston Road IQ Water ASR
System - Well Below the USDW (Bid No. 12- 5917). Three bids were received. The apparent
low bid was submitted by A.C. Schultes of Florida, Inc. in the amount of $1,042,050.00 for
Base Bid Items 1 through 4, including the identified project allowances ($55,000). The other
two bids were $1,113,400 submitted by Wells & Water Systems, Inc. and $1,154,763.00
submitted by Douglas N. Higgins, Inc. The bid tabulation summary is attached.
CDM Smith has reviewed the bid package and experience of the low bidder and found
nothing that would disqualify them from the proposed work. Review of references suggests
that they have performed satisfactorily on past work with similar requirements. In summary,
we believe that A.C. Schultes of Florida, Inc. is the lowest, responsive, responsible bidder
and is qualified to perform the construction of the Livingston Road IQ Water ASR System -
Well Below the USDW. CDM Smith recommends that Collier County award the project for
the total lump sum Base Bid, for Base Bid Items 1 through 4 plus the project allowance.
Should you have any questions or wish to discuss the bid further, please do not hesitate to
call us.
Respectfully,
I
ago' n A. Sciandra P.E.
Senior Project Manager
CDM Smith Inc.
Packet Page -1425- MENT + TRANSPORTATION + ENERGY + FACILITIES
\//
-9Zt,T- DBed I@M:)ed
J'� � WE)II � � OZ/ � �/6
8 8 8
N
8
8
8
8
m9
gj
. .
.
.
.
.
Be
g
a
E
E
E
E
E
E E
E
E
E
E
2
EEE
El
3
\�
\
}
\!)
\
\
|j(�/
)/
!
{
;
J'� � WE)II � � OZ/ � �/6
8 8 8
N
9/11/2012 Item 11.F.
MEMORANDUM
PUPPMD
MAR 26 2012
Date: March 20, 2012
H01:00
To: Anthony Russo, Administrative Assistant
Public Utilities Engineering Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement #4600002535 with South Florida Water
Management District accepting Alternative Water
Supply Grant Funds for Project #71057 and #74030
Attached for your records, is a fully executed and certified copy of the agreement
referenced above, (Item #16C2) approved by the Board on February 28, 2012.
The Minutes and Records Department will hold the original agreement in the Board's
Official Records.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
Packet Page -1427-
9/11/2012 Item 11. F.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Fedex Ground Delivery
417656215049981
March 13, 2012
Collier County Government Center
Minutes and Records Department
3299 Tamiami Trail, Ste. 401
Naples, FL 34112
Dear Mr. Russo:
Subject: Contract # 4600002535
Alternative Water Supply Projects FYI
Please find enclosed one (1) fully executed copy of the above referenced document.
Thank you for your efforts on behalf of the South Florida Water Management District
(District). Should there be any questions, or if you require any additional information,
please contact me.
Sincerely,
Sharman Rose
Contract Specialist
Procurement Bureau
shrose@sfwmd.gov
(561) 682 -2167
FAX: (561) 682 -5624
Enclosure
(Lv�
c: Max Guerra - MSC 3510
?411 Gun Club Road, West Palm Beach, Florida 3406 - {561} 686 -8800 - FL WXFS 1 -Six)- 432 -21145
Mailing Address: P.O. &m 24AM wary P-1— PI - -k VT "3416 -4&90 - www.sfwmd.gov
Packet Page -1428-
9/11/2012 Item 115.
00, ORIGINAL
SAP PO REFERENCE NO. Ot 500h0`SZ L5
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600002535
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of the MAR 12 2012 by and between the
South Florida Water Management District (DISTRICT) and Collier County (COUNTY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to
improve and expand the alternate water supply sources to meet the increase in potable and
irrigation water demand; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms and conditions of this
AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT at its October 13, 2011 meeting,
approved entering into this AGREEMENT with the COUNTY;
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, subject to
availability of funds and in accordance with their respective authorities for reverse
osmosis treatment units replacement and installation inter -stage booster pump, and
aquifer storage and recovery.
Page 1 of" A°-°.^ # M_ ^4^ 1002535
Packet Page -1429-
9/11/2012 Item 11.17.
2. The period of performance of this AGREEMENT shall commence on October 1, 2011
and shall continue for a period of One year.
3. The total DISTRICT contribution shall not exceed the amount of Three Hundred Fifty
Thousand Dollars and No Cents ($350,000). The DISTRICT shall make payment upon
completion and acceptance of the deliverables as described in the Payment and
Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part
of this AGREEMENT. The DISTRICT's contribution is subject to adequate
documentation to support actual expenditures within the not -to- exceed AGREEMENT
funding limitation of $350,000.00. In no event shall the DISTRICT be liable for any
contribution hereunder in excess of this amount. In the event the COUNTY is providing
a cost sharing contribution as provided for in paragraph 5 below, the COUNTY shall
provide evidence that its minimum cost share has been met for each invoice submitted.
The subject cost share documentation shall be included with each invoice. If the total
consideration for this AGREEMENT is subject to multi-year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to
Governing Board budgetary appropriation. In the event the DISTRICT does not approve
funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing
after the adoption of the final DISTRICT budget for each subsequent fiscal year if
funding is not approved for this AGREEMENT.
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not -to- exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total amount of $2,900,000 in conformity with the
laws and regulations governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ",
Statement of Work, which is attached hereto and made a part of this AGREEMENT.
The COUNTY shall submit quarterly progress reports detailing the status of work to date
for each task. The work specified in Exhibit "A" shall be under the direction of the
COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date of the
AGREEMEN T unless authorized through execution of an amendment to cover
succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
COUNTY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under
any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall
Page 2 of 7, Agreement No. 4600002535
Packet Page -1430-
9/11/2012 Item 11.F.
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract(s).
8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work
items, including but not limited to, all documents, technical reports, research notes,
scientific data, computer programs, including the source and object code, which are
developed, created or otherwise originated hereunder by the other party, its
subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ",
Statement of Work. Both parties' rights to deliverables received under this
AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,
modify and distribute such deliverables at no additional cost to the other party.
Notwithstanding the foregoing, ownership of all equipment and hardware purchased by
the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all
ownership to tangible property.
9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal
injury, bodily injury and property damage attributable to negligent acts or omissions of
the COUNTY and the officers, employees, servants and agents thereof. The COUNTY
represents that it is self-funded for Worker's Compensation and liability insurance,
covering bodily injury, personal injury and property damage, with such protection being
applicable to the COUNTY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the COUNTY subcontracts any part or all of the work hereunder to any third party, the
COUNTY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the COUNTY. Any contract
awarded by the COUNTY shall include a provision whereby the COUNTY's
subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless
from all damages arising in connection with the COUNTY's subcontract.
10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either parry any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida or
its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or
after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds of race, color, creed, national origin, handicap, age or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under
this AGREEMENT.
Page 3 of 002535
Packet Page - 1431 -
9/11/2012 Item 11.F.
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this
AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but
will attempt to advise the COUNTY, upon request, as to any such laws of which it has
present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by the COUNTY for authorized work performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The COUNTY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY
assert any exemptions to the requirements of Chapter 119 and related Statutes, the
burden of establishing such exemption, by way of injunctive or other relief as provided by
law, shall be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit
rights below. The COUNTY shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any service
rates, expenses, research or reports. Such records shall be maintained and made available
for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date of this AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance for all records relating to the AGREEMENT until the final disposition of
the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all
financial/non- financial records through:
Page 4 of 002535 Page -1432- 2535
18
9/11/2012 Item 115.
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial
Officer and rules of the Auditor General and the State Projects Compliance
Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
agency, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the COUNTY's financial and non-
financial records to the extent necessary to monitor the COUNTY's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which may
include onsite visits and limited scope audits.
All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
South Florida Water Management District
t
Attn: Max Guerra, Project Manager
Telephone No: (239) 263 -7615 ext 7612
Attn: Sharman Rose, Contract Specialist
3301 Gun Club Road
West Palm Beach, FL 33406
Telephone No: (561) 682 -2167
FAX No: (561) 682 -5624
Collier County
Public Utilities Planning and Project
Management Division
Attn: Anthony Russo, Project Manager
Address: 3339 East Tamiami Trail, Suite 303
Naples, FL 34112
Telephone No: (239) 252 -5390
FAX No: (239) 252 -5378
19. Invoices, clearly marked "ORIGINAL ", shall be sent to the attention of Accounts
Payable at the DISTRICT's address specified below. All invoices shall reference the
AGREEMENT and SAP Reference Numbers specified on page one of this
AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the
DISTRICT's Project Manager either at the address specified in paragraph 18 above or
via Facsimile (FAX) using the FAX number also specified above.
South Florida Water Management District
Attention: Accounts Payable
P.O. Box 24682
West Palm Beach, Florida 33416 -4682
Page 5 of" ' -' ' - 002535
Packet Page -1433-
9/11/2012 Item 115.
20. COUNTY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding upon
the parties, their respective assigns, and successors in interest.
21. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. The DISTRICT shall be responsible for initiating any
amendments to this AGREEMENT, if required.
22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not
affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
24. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective
unless in writing and signed by the party against whom enforcement is sought. Such waiver
shall be limited to provisions of this AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision. No waiver shall constitute a
continuing waiver unless the writing states otherwise.
25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non- binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories, or their designees, shall be the disposition of such dispute.
26. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject matter of this
AGREEMENT.
27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1— 26
(b) Exhibit "A" Statement of Work
(c) Exhibit `B" Payment and Deliverable Schedule
(d) all other exhibits, attachments and documents specifically incorporated herein by
reference
Page 6 of -002535
Packet Page -1434-
9/11/2012 Item 11.F.
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute
this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By: / v
Ddrolo A. B Shaw, Procurement Bureau Chief
Date: :5 —1-g —1 --Z'
Approved as to form & legal Sufficiency
Assistant County Attorney
Pj
ATTEST:
DWIGHT E. EMOCK, Clerk`
By: t`..
At 11�
Page 7 of 7 A4reemPnt Nn 16n0002535
Packet Page -1435-
starts ai Fv:kilok
ounty of COLLIER
*"
I H EREBY CERTIFY THAT 06.1�+ 111.+V11
SFWMD PROCUREMENTAPPR VED
:orrect copy of $ oOcuTrtimt&
$y: --
Board Minutes and Re�ros',:Colildr.fiITEt
Dat
SS my h a o 1'l tied# #hlSr
day
of "
fist
aWIGHT E. 8ftOLK, C1: RK':6f 00' UM. "
A. ,
ky±
BOARD OF COUN IS IR CC)U�.
FLORIDA
By:
Name of Authorized In ' dual
Approved as to form & legal Sufficiency
Assistant County Attorney
Pj
ATTEST:
DWIGHT E. EMOCK, Clerk`
By: t`..
At 11�
Page 7 of 7 A4reemPnt Nn 16n0002535
Packet Page -1435-
9/11/2012 Item 115.
EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY
ALTERNATIVE WATER SUPPLY PROJECTS FY12
INTRODUCTION
The Collier County Alternative Water Supply projects are part of a comprehensive plan to
improve and expand the County's alternative water supply sources to meet the increase in
potable and irrigation water demand. The County has requested cooperative funding for the
following two projects scheduled for completion in FY12:
• Reverse Osmosis Treatment Units Replacement & Installation inter -stage Booster Pump
Installation
• Aquifer Storage & Recovery (ASR) Well at Livingston Road
1.0. PROJECT #1 :North County Regional Treatment Plant (NCRWTP)- Reverse
Osmosis Treatment Units Replacement & Installation Inter -stage Booster Pump
The North County Regional Water Treatment Plant (NCRWTP) has an 8 MGD Brackish Water
Reverse Osmosis (BWRO) system. Collier County Public Utilities would like to evaluate the
BWRO membranes with the existing BWRO skid configuration with the addition of interstage
booster pumps between the first stage and second stage pressure vessels. installing interstage
booster pumps would benefit the RO system. Advantages of using these pumps are reduced feed
pressure requirements, extended membrane life expectancy, enhanced hydraulic control over the
membrane system (i.e., improved flux rate balance at each stage) and reduced energy and power
consumption. Installation of the interstage booster pumps requires modifications to the
interstage and concentrate piping, along with the instrumentation and control system.
The use of interstage booster pumps allows for substantial O &M cost savings per year for the
RO process. The power cost savings combined with the assumed increase in membrane life (5 to
7.5 years), saves approximately half a million dollars per year in O &M costs.
1.1 OBJECTIVES
The objective of this project is to replace the RO membrane cartridges in the four (4) BWRO
skids located on the east side of the RO building. The project will also include design
modifications to the existing skids to add interstage booster pump capability.
Agreement No. 4600002535, Exhibit "A ", Page 1 of 3
Packet Page -1436-
9/11/2012 Item 11.17.
1.2 SCOPE OF WORK
The work includes a design report for the membrane/interstage booster pump project,
engineering drawings and specifications, bid and construction phase support, and start up
support. Collier County will procure the new BWRO membranes, remove the old BWRO
membrane modules, and install the replacement BWRO modules. In addition, the installation of
the interstage booster pumps and piping modifications to the four (4) existing BWRO skids will
be procured by Collier County and coordinated with the replacement of the membranes.
13 WORK BREAKDOWN STRUCTURE
The major tasks and task descriptions that will be necessary for the completion of the scope of
work are as follows.
Task 1: Engineering, Design, Permitting, and Construction Management of Project
Task 2: Membrane Procurement and Installation
Task 3: Installation of Inter -stage Booster Pumps and RO- Membranes
2.0 PROJECT #2: Aquifer Storage & Recovery (ASR) Well at Livingston Road
Collier County Public Utilities Division (CCPUD) has invested heavily in the development of a
expansive irrigation quality (IQ) water system as part of an overall commitment to a sustainable
total water management program. However, even with the extensive reuse program that the
County has in place, during rainy periods when irrigation demand is low, excess reclaimed water
must be disposed of using percolation ponds and deep injection wells. To better manage its
reclaimed water resource, the County developed an IQ water ASR system, the initial phase of
which was completed in 2007. The County ASR system was designed for expansion to a total of
five ASR wells.
As a continuation of the IQ water ASR program, the County is working to construct a Non -
Underground Source Drinking Water (Non -USDW) ASR well at the Livingston Rd ASR
wellfield. The development of a Non -USDW ASR well will allow greater flexibility in meeting
regulatory requirements when storing excess reclaimed water. The flexibility will allow CCPUD
to utilize reclaimed water more effectively; reducing irrigation withdrawals from surface or
groundwater systems during critical dry season periods and reducing loss of valuable freshwater
resources. For these reasons, the use of ASR wells for storage of reclaimed water is consistent
with the goals and objectives of the Big Cypress Basin of the South Florida Water Management
District and is an excellent candidate for Alternative Water Supply (AWS) funding.
The proposed project includes the extension of an existing ASR to tap a Nan -USDW aquifer that
will serve as the storage zone capable to receive a maximum of 2.0 million gallons per day.
Agreement No. 4600002535, Exhibit "A ", Page 2 of 3
Packet Page -1437-
9/11/2012 Item 11.F.
2.1. SCOPE OF WORK
The scope of the project is to construct a Non -USDW ASR well by extending the existing ASR
Well. The project will create a facility for the storage and recovery of more than 140 million
gallons of reclaimed water. It is anticipated that upon completion, the proposed well would
accept and recover water at a rate of 1.0 to 2.0 MGD. The injection will occur over a 90 to 120 -
day period during the wet season, or whenever excess wastewater was available.
The Nan -USDW ASR well will be completed with a 12 -inch diameter casing to approximately
1,450 feet below land surface (bls) and an open hole extending to approximately 1,475 feet. The
final depths will be determined from subsurface data obtained during well construction.
The project will be comprised of the following construction elements:
1. Pilot hole drilling and testing of identified Non -USW storage zone (monitoring well)
2. Construction of non -USDW ASR well and testing (injection well)
3. Installation of submersible pump and above ground appurtenances
2.2 WORK BREAKDOWN STRUCTURE
The major tasks and task descriptions that will be necessary for the completion of the scope of
work are as follows:
Task 1: Pilot hole drilling and testing of identified Non -USW storage zone
Task 2: Construction of a Non —USDW ASR Well and testing
Task 3: Installation of submersible pump and above ground appurtenances
2.3 PROJECT COST
The construction cost of the proposed ASR well project is estimated with $700,000.
2.4 PROJECT LOCATION
The project is located north of the IQ Water Wellfield, off Livingston Road in Collier County.
The injection well and monitor wells will be installed on easements obtained by the County.
Agreement No. 4600002535, Exhibit "A", Page 3 of 3
Packet Page -1438-
9/11/2012 Item 11.F.
EXHIBIT "B"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
1 Engineering, Design, Permitting, and
Construction Management
2 Membrane Procurement & Installation
3 1 Installation of Inter -stage Booster Pumps
$200,000 1 Ongoing
$1,000,0001 8/31/2012 1 $250,000
$1,000,000 1 8/31/2012
Total Cost 1 $2,200,000
$250.000
1 Pilot hole drilling and testing of identified Non- 07/31/2012
USDW storage zone
$600,000
2 Construction and testing of Non -USDW ASR 08/31/2012 $100,000
Well
Modification of above ground appurtenances $100,000 09/30/2012
Total Cost $700,000 $100,000
* Costs are estimated to include 25% contingency.
Agreement No. 4600002535, Exhibit "B ", Page 1 of I
Packet Page -1439-
U
H
m
x
w
Packet Page -1440-
9/11/2012 Item 11.17.
anW
,w d
V t/f
V �
c a�
V
u q
y U
a V
V C
E� o
SV
O:6
131.5
'a Z
WU
w
V v a
u
C � y
C w u
yV7.4
M a u
u u
L 'y E
a
� O
m c
C6
En
'3 0
6B
T O
0
a� u
R7 N
U �
w U
O V
.4� c
` Y
Y � 3
Y
r
u Q
� � o
N
as
fV V
y � �
U_
LLl
M
N
CD
°o
C
E
a
w
O
d
O
a j o
� a Y
� o �
aV
a
aU
N
B
5
Ch
V1
w
L
c
C6
L
O
OA
c
Y
o
w
V
W
O
a
�
w
U
u
.a
o
O
y
U
U
2
C
V
..
WO g
rL
CL
v
a
t
cn O
a
ox
z
_°.
U ti
o
C
�0
9
u
z
Y
V
_
O
LL
U
o
C
a Y
E
CL
N
`=
U Z
z
d
z
0
h
a
O
'u
4
�Y
a�
U
Y
8
V
C
a
w
U Z
6
V
tu
V
L
as
tu
4
d
w
V
a
7
An
w
�
w
C
o,
d
yt'L'4z
Y
U
c
c
a
Y
u
Y
a
T
Packet Page -1440-
9/11/2012 Item 11.17.
anW
,w d
V t/f
V �
c a�
V
u q
y U
a V
V C
E� o
SV
O:6
131.5
'a Z
WU
w
V v a
u
C � y
C w u
yV7.4
M a u
u u
L 'y E
a
� O
m c
C6
En
'3 0
6B
T O
0
a� u
R7 N
U �
w U
O V
.4� c
` Y
Y � 3
Y
r
u Q
� � o
N
as
fV V
y � �
U_
LLl
M
N
CD
°o
C
E
a
w
O
d
C
O
a j o
a
rn Q is
� Mu
a
aU
N
B
Ch
V1
O
L
C6
L
O
OA
c
Y
w
V
�
w
u
o
�
L
y
O
U
2
..
WO g
rL
CL
v
cn O
a
ox
z
_°.
U ti
o
C
�0
9
u
z
Y
V
_
F•
LL
U
o
a
CL
Oa
V
z
0
h
V
O
a�
U
Y
8
vi
C
a
w
U Z
6
OA
tu
tu
4
r
u
a
�
An
w
�
V Z
C
o,
d
'v
Y
U
c
c
a
Y
u
Y
a
T
«
C
Y
�
C
v
w'
'O
a
3
9
w
a
3
u
a
V
V
0
o
�
a'ra
f i & z
a` z
Packet Page -1440-
9/11/2012 Item 11.17.
anW
,w d
V t/f
V �
c a�
V
u q
y U
a V
V C
E� o
SV
O:6
131.5
'a Z
WU
w
V v a
u
C � y
C w u
yV7.4
M a u
u u
L 'y E
a
� O
m c
C6
En
'3 0
6B
T O
0
a� u
R7 N
U �
w U
O V
.4� c
` Y
Y � 3
Y
r
u Q
� � o
N
as
fV V
y � �
U_
LLl
M
N
CD
°o
C
E
a
w
O
d
Q
u •� o
a
rn Q is
aV
a
Ls.
Ch
V1
O
O
a
OA
c
w
V
a
0
o
�
L
y
O
U
2
..
WO g
rL
CL
cn O
a
_°.
U ti
o
�0
9
z
Y
V
_
LL
a
N
.y
C
0
V
a�
Y
8
vi
w
U Z
OA
r
u
�
An
w
d
'v
Y
U
c
Y
«
C
C
w'
3
a
u
V
0
a` z
If
I-
Packet Page -1440-
9/11/2012 Item 11.17.
anW
,w d
V t/f
V �
c a�
V
u q
y U
a V
V C
E� o
SV
O:6
131.5
'a Z
WU
w
V v a
u
C � y
C w u
yV7.4
M a u
u u
L 'y E
a
� O
m c
C6
En
'3 0
6B
T O
0
a� u
R7 N
U �
w U
O V
.4� c
` Y
Y � 3
Y
r
u Q
� � o
N
as
fV V
y � �
U_
LLl
M
N
CD
°o
C
E
a
w
O
d
9/1112012 Item 11.F.
k
1 Cry
Adiminisfthe Servioes Division
Purchasing
Livingston Road IQ Water ASR System Well Below the USDW .
COLLIER COUNTY BID NO. 12 -5917
COLLIER COUNTY, FLORIDA
Nicole Parker, Procurement Strategist
Email: nicoleparker @colliergov.net
Telephone: (239) 252 - 4270
FAX: (239) 252 - 6549
Design Professional:
CDM Smith, Inc.
PPorchase5 DelmrWW • 3327 Tamremi Trail East - Naples, Florida 34112.4901 • www.colliergov.nel1purchasing
1
Construction Services Agreement: Revised 311/2012
Packet Page -1441-
9/11/2012 Item 11.17.
TABLE OF CONTENTS
PUBLICNOTICE .......................................................................................... ..............................3
PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5
CONSTRUCTIONBID ................................................................................. .............................14
BIDSCHEDULE .......................................................................................... .............................15
MATERIAL MANUFACTURERS ................................................................. .............................16
LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................17
STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................18
TRENCH SAFETY ACT .............................................................................. .............................19
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................20
IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................21
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ........................ .............................22
BIDBOND ................................................................................................... .............................26
BIDDERS CHECK LIST .............................................................................. .............................28
CONSTRUCTION AGREEMENT ................................................................ .............................29
EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................37
EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................40
EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................43
EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................47
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................48
EXHIBIT E: CHANGE ORDER .................................................................... .............................51
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................53
EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................55
EXHIBIT H: GENERAL TERMS AND CONDITIONS
EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................89
EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................90
EXHIBITK: PERMITS ................................................................................. .............................91
EXHIBIT L: STANDARD DETAILS ............................................................. .............................92
EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................93
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............94
2
Construction Services Agreement Revised 3/112012
Packet Page -1442-
9/11/2012 Item 11.F.
ex ftty
Adn inisb i+e Servkw Division
Pumha:sing
PUBLIC NOTICE
INVITATION TO BID
Livingston Road IQ Water ASR System Well Below the USDW
COUNTY BID NO. 12 -5917
Separate sealed bids for the construction of Livingston Road IQ Water ASR System
Well Below the USDW, addressed to Ms. Joanne Markiewicz, Interim Purchasing
Director, will be received at the Collier County Government, Purchasing Department,
3327 Tamiami Trail E, Naples, FL 34112, until 3:00 P.M. LOCAL TIME, on the 13th day
of July 2012, at which time ail 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 non - mandatory pre -bid conference shall be held at the Purchasing Department,
Conference Room A, at 3:00 PM. LOCAL TIME on the 22nd day of June 2012, at
which time all prospective Bidders may have questions answered regarding the Bidding
Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Livingston Road IQ Water ASR System Well Below the
USDW Bid No. 12 -5917 and Bid Date of July 13, 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.collierg_ov.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
3
Construction Services Agreement: Revised 311/2012
Packet Page -1443-
9/11/2012 Item 11.F.
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within One
Hundred Twenty (120) 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 12th day of July 2012.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Interim Purchasing and General Services Director
4
Construction services Agreement: Revised 311!2012
Packet Page -1444-
9/11/2012 Item 11.F.
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and /or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's ,discretion the
Project Manager may formally assign any of his /her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest, qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term „ Bidding Documents „ includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid” shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder
acknowledges and agrees that it shall execute the Agreement in the form attached
hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on.disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples,
FL 34112. If forwarded by mail, the sealed- envelope containing the Bid must be
5
Construction Services Agreement: Revised 3/112012
Packet Page -1445-
9/11/2012 Item 11.F.
enclosed in another sealed envelope addressed as above. Bids received at the
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a 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.
6
Construction Services Agreement: Revised 3/1/2012
Packet Page -1446-
9/11/2012 Item 11.F.
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.
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
7
Construction Services Agreement: Revised 3/1/2012
Packet Page -1447-
9/11/2012 Item 11.17.
to the date fixed for the opening of Bids. Such written addenda shall be binding on
Bidder and shall become a part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 - As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid
Conference is non- mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
C. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of the Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own.
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non - responsive or
irregular if such materials are not specifically named by Bidder.
8
Construction Services Agreement Revised 3/1/2012
Packet Page -1448-
9/11/2012 Item 11.17.
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.
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
s
Construction Services Agreement: Revised 311/2012
Packet Page -1449-
9/11/2012 Item 115.
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at http: / /www.collieraov.net/Index.aspx ?paste =762.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
12.6 Certificate of Authority to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms 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
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
10
Construction Services Agreement: Revised 3/1/2012
Packet Page -1450-
and the lowest local bidder are in fact qualified
Purchasing Department shall determine if the
requirements of Section 287.087 F.S.
9/11/2012 Item 115.
and responsive bidders. Next, the
lowest local bidder meets the
If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing
Department shall irivite 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.
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 pernnit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
11
Construction Services Agreement: Revised 3/112012
Packet Page -1451-
9/11/2012 Item 115.
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
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
12
Construction Services Agreement: Revised 3/1/2012
Packet Page -1452-
9/11/2012 Item 11.F.
specified period of time, including but not limited to: submitting bids, RFP, and /or
quotes; and, c. immediate termination of any contract held by the individual and /or firm
for cause.
Section 17. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners
does not wish to be lobbied either individually or collectively about a project for
which a firm has submitted a response.
Firms and their agents are not to contact members of the County Commission for such
purposes as meeting or introduction, luncheons, dinners, etc. During the process, from
solicitation closing to final Board approval, no firm or their agent shall contact any other
employee of Collier County in reference to this solicitation, or the vendor's response, with the
exception of the Purchasing Director or his designee(s). Failure to abide by this provision may
serve as grounds for disqualification for award of this contract to the firm.
Section 18. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in
compliance with the terms of Section 287.133(2)(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."
13
Construction Services Agreement: Revised 3/1/2012
Packet Page -1453-
9/11/2012 Item 11.F.
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER.000NTY, FLORIDA
Livingston Road IQ Water ASR System Well Below the USDW
BID NO. 12 -5917
Full Name of Bidder A.C. Schudes of Florida, Inc.
Main Business Address 11865 US Hwy 41 Gibsonton, Florida. 33534
Place of Business Florida
Telephone No. 813- 741 -3010 Fax No. 813- 741 -3170
State Contractor's License # CGC1516532
State of Florida Certificate of Authority Document Number P03000015991
Federal Tax Identification Number 141871186
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.
14
Construcflon Services Agreemerd: Revised 3/1/2012
Packet Page -1454-
9/11/2012 Item 115.
ITS #12 -017
Livingston Road IQ Water ASR System
Waq Below the USDW
Bid Schedule
1 0t 1
Packet Page -1455-
Item Description
I Unit
I ExdnuiesdQuant1tv
I Cost
I Amount
Schedule 1: General
1.1
McblraMoMDemobrmalim
Lump Sum
1
`
l J oo
c 5 bcx3 .00
1.2
Performers ad Psymord Sara! Premiums
Lump Sum
1
13,0M.00
13 OOMOD
1.3
IndemnHicafian
Lumo Sun
1
t 100.00
100.00
Schedule 2: Well Construedon
2.1
Imtall Pad Mordmr Wels Cordu x 9ackgrourd•and W easy water
Se AbendOnWeils
Sum
1
S 1Q,WD.W
10000.00
22
Remove WeffhescL Assor.Wed Ptoim Electrical and tmmmnenta6Lump
sum
1 -
-ma
S �fS 000 . .Q
2.3
DrB 8-4ch Plot Hale
LF
920
S Z7.M
24,M.00
24
Ream 11 -Irch Bore Hole
LF
570
$ 18.OD
S 10160.00
2.5
FRP-installation
LF
750
35.00
S 26 50.00
2.0
Sun
1
$ 1 000.00
3 12.11M.00
2.7
Groullnel
Lump Sun
1
S 5 DW.00
51000.00
2.8
Stop Drewdown TeMIm
Lumv Sun
1
s 5 OOD.00
I $ 5,000.00
2.11
FRP Pressure Test
Sum
1
7OQ J
5Q Daa mo
210
ReetstaR Welhead Associated Pi ' 9edrical and Insmrmemstion
Sun
1
G d DO6
S 116006
2.11
Well Canseuc0on Items Abomrce
Time and Materials
1
s 50 000.00
s 50,0M.013
Schedule 3: Above Ground Yechenimi Modiflcadoro
3.1
Pressure Filter Mm Rye and Isolation Valve
Lumo Sum
1
s 10.0m.00
3 10 000.00
3.2
Above Grderd Med®rscat Modifications Alowance
TirrK and Materieie
1
S 2,M0.00
2.000.00
Schedule 4: ASR MW Discharge Pipeline
4.1
FurnLsh and Install ASR MW Discherne Pipeline
Lump Sum
1
30.0m.00
30 D00.00
4.2
ASR MW Discharge Piveline Allowance
Time and Materials
1
3,000-00
1 3 ODD.OD
TOTAL BID PRICE FOR PROJECT 9
1 11 tia , a T4.00
1 0t 1
Packet Page -1455-
9/11/2012 Item 11.F.
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and /or material is proposed and listed below and is not
approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
16
construction Services Agreement: Revised 3/1 /2012
Packet Page -1456-
9/11/2012 Item 115.
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.
Cegory,pf,Wlari.
Subcorrtractat andddless't t
1. Electrical
Windemuller Technical Services, 7504 Pennsylvania Ave.
2. Well Drilling
A.C. Schultes of Florida, Inc. 11865 US Hwy 41, Gibsonton
3. IdeX-
surs that
b
rere than
10or that
aff ical path
of le
4. Idenl other
subco ract that
represe re than
10% of Wke or that
affect a cal path
oft schedule
17
Construction Services Agreement: Revised 3/1/2012
Packet Page -1457-
9/11/2012 Item 111.
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location Reference
Downtown RO Wellfield Test/Production
1 • Wells Construction and testing & Well No.
C4 Rehabilitation - Sarasota, Florida Kevin Dorsey 813 -281 -8393
2 East County Wellfield Expansion - Manatee
County Mr. Joe Recendes, PE 727 -442 -7195
g Edgehill Well EH2 Construction -
Davenport, FL Mr. Michael Leffler, PE (863) 646 -1402
4 Monitor Well Construction to 2230 BLS -
Daven Port, FL. Mr. Kevin Stover 352 - 796 -7211
5.
6.
Coinpahy °'A Sp U - ofY;P(or�64,`Inc, is 866 4t'03bson #tits
Sf� �tlare= Batt; 74
18
Construcllon Services Agreement: Revised 3/1/2012
Packet Page -1458-
9/11/2012 Item 115.
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 Cos
(Description) LF S
1. O.S.HA. LF 800 2 1600
2.
3.
4.
5.
19
Construction Services Agreement: Revised 111=12
Packet Page -1459-
Adm *&afiMSensoivieion
Pumh&GirV
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
SOLIcrrA N # 12 -5917 LMNGST6M1kOAD lQ WATER ASR SYSTEM WELL BELOW THE USDW
(CHECK APP PRATE BOXES BELOW
State of Florida Select County if Vendor is described as a Local Business
❑ Collier unty
❑ Lee Cou
Vendor affirms that it is ocal business as defined by the Purchasing Policy of the Collier ounty Board of County
Commissioners and the R ulations Thereto. As defined in Section XI of the Collier Co ty Purchasing Policy;
A "local business" is defined as business that has a valid occupational license issu by either Collier or Lee County
for a minimum of one (1) year pri to a Collier County bid or proposal submission at authorizes the business to
provide the commodities or service to be purchased, and a physical business a ress located within the limits of
Collier or tee Counties from which th vendor operates or performs business. ost Office Boxes are not verifiable and
shall not be used for the purpose of as t lishing said physical address. In ad tion to the foregoing, a vendor shall not
be considered a "local business" unless i ontributes to the economic dev pment and well -being of either Collier or
Lee County in a verifiable and measurable y. This may include, but no a limited to, the retention and expansion of
employment opportunities, the support and in ease to either Collier or ee County's tax base, and residency of
employees and principals of the business withi • Hier or Lee Coun endors shall affirm in writing their compliance
with the foregoing at the time of submitting their b or proposal to b eligible for consideration as a "local business"
under this section.
Vendor must complete the following information:
Year Business Established in []Collier County or El Lee nty:
Number of Employees (Including Owner(s) or Corpora Officer
Number of Employees Living in [] Collier County Lee (Includi Owner(s) or Corporate Officers):
If requested by the County, vendor will be required lxovide documentation stantiating the information given in this
affidavit. Failure to do so will result in vendor' submission being deemed t applicable.
Vendor Name:
Collier or Lee County Address:
Signature:
Date:
Title:
STATE OF FLORIDA: ❑,eOLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscri�efore Me, a Notary Public, for the above State and County, on this Day of
, 20
My
/Notary Public
Expires:
(AFFIX C.`FICIAL SEAL)
Packet Page -1460-
Construction Services Agreement: Revised 1/1/2012
9/11/2012 Item 115.
coter city
AAcinwtistrs" Services Division
Pumha*v
Immigration Law Affidavit Certification
Solicitation: 12 -5917 Livingston Road IQ Water ASR System Well Below the USDW
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
Profie 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 / Bidders proposal.
Company Name A.C. Schultes of Florida, Inc. 11865 US Hwy 41, Gibsonton
Print Name Greg Schultes
Signature
State of i On dC
Title Vice President
Date 7/13/12
County of M-" n ei
The fo re goiw instrument was signed and acknowledged before me this _Aday of
20�, by D (print or type name) who has produced
(type of identriication and number) as identification.
ry Public Signature JILL M. VMNTERS 34
ComrrdssIm # EE
,Expires December 6, 2014
Printed Name of Notary Public� �1d0dTM T1°'F'"'lrs
n4 ,,03'1 f �P
Notary Commission Number /Expir tion —
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.
21
Construction Services Agreement Revised 11112012
Packet Page -1461-
9/11/2012 Item 11.F.
Adffw**oM SaMc s Dusion
COLLIER COUNTY SOUCITATIONs SuesTrruTE 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 A.C. Schultes on a Inc. on n -
(as shown on income tax return)
Business Name A C Schultes of Florida Inc 11865 US Hwv 41 Gibsonton
(if dNferent from taxpayer name)
Address 11867 US Hwy 41 City Gibsonton, FL 33534
State Florida Zip 33534
Telephone 813- 741 -3010 FAX 813 - 741 -3170 Email greg.acsfl @verizon.net
Order Information Remit I Payment Information
Address 11867 US Hwy 41 Address 11867 US Hwy 41
City Gibsonton, State FL. Zip 33534 City Gibsonton State FL Zip 33534
FAX 813 - 741 -3170 FAX 813- 741 -3170
Email greg.acsfl@verizon.net Email greg.acsfl @vedzon.net
2. Company Status (check only one)
Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
C Enter the tax classification
Q = Disregarded Entity, C = Corporation, P = Partnersh" )
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) 14 1871186
endors 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, 1 cerfifythat the information shown on this form is correct to my knowledge.
Signature i
Date 7113/12
Title Vice President
Phone Number 813- 741 -3010
22
Construction Services Agreement: Revised 1/1/2012
Packet Page -1462-
9/11/2012 Item 11.F.
- ....... ............. . . . .- - ------ - - - - -- . - -.. .
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 Ninety (90) consecutive, calendar days, computed by
excluding the commencement date and including the last day of such period, and to be fully
completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar
days after Substantial Completion, computed by excluding commencement date and including
the last day of such period.
Respectfuliv Submitted:
State of io f JA
County of WIT6 Lva U�
Greg Schultes 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.
Greg Schultes 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.
23
Construction services Agreement: Revised 11112012
Packet Page -1463-
9/11/2012 Item 11.F.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Florida which operates under the legal name of
A.C. Schultes of Florida, Inc. 11865 US Hwy 41, Gibsonton and the full names of its officers are
as follows:
President John O'Brien, P.E.
Secretary Jeff Dematte
Treasurer Jeff Dematte
Manager Greg Schultes
The Manager is authorized to sign construction bids and
contracts for the company by action of its Board of Directors taken
4/3012009 a certified copy of which is hereto attached (strike out this
last sentence if not applicable).
(b) Co- Partnershig
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 -1464-
and if
24
Construction Services Agreement: Revised 1/112012
9/11/2012 Item 11.17.
Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from
previous page.
DATED. 7/13112
4;;
Witness
Witness
STATE OF f-10 6dA-)
COUNTY OF IN1QU1/I ���
legal entity
BY: Greg Schultes
Name of Bidder y
Zl"'a e
Vice President
Title
The foregoing instrument was acknowledged before me this 4 day of , 2012,
by S as of
�-� �L►1 or�du a �1�rA corporation, on behalf of the
corporation.
He/&1;4— is persona y _ now - to me or has produced
AI as identification and did
(met) take an oath.
My Commission Expires:
( ghh a ure of Notary)
NAME: CJ�)I m IVIb ►S
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of F—
Commission No.: FE D�Ii
M. .A JILL
Camrrission # IE046834
• ash Expires December 6, 2014
�rj u.... ` suded T6m TmrFNnk=rw WDa6.r01Y
25
Construction Services Agreement: Revised 111/2012
Packet Page -1465-
---------- ---
9/11/2012 Item 11.F.
- -- ------------
PIP 510"q A.C. Schultes of Florida, Inc.
KNOW ALL MEN BY THESE. PRESENTS;, that \&* -
ihe. P�Incjpo(�and`
(b hereih aar
(herein called the
,. . - Surety); a c. p.. r..p. or.aton I chartered and p: dptjng un4pr tho
.
lawsl o €: 'the
State.0f. SD Wish its principal offices.lry e. city pf Sioux Faris
and authoized to . do• business, ih the State of FL a held and
flnT1y
bound unto the Collier county
(hereinaffer called the 0"wrier), in the: full and just sum of
Five Percent (5%) of Total Bid Aollars
good 4fid I,-4WfL'I i�ii ob demand a
money of the United States. of A 'ericii, to b paid upon d m d of th
- y , . . . M, � -
Owhbr, to "which payment well and truly- to be; made, the Principal and the: Surety. -bind
ihernse'lvea their and executors ; . I. , apd. .
9 i. , administrators: and
and firmly y th
y Qsaprqspnts,
Whereas,. the Principal is about. t . submit, or has submitted to the 0\.Ameri,, 41, Bid for
furnishipig all labor, materials, eqIuipment'and incidentals-
.pecess.aN'to. furnish.,, lhstallt
W
and fully dbinpiete the Work on the Projectkno w*n.*as
Livingston 116ad IQ Water Awsyiaem well Below the USQW
Bid NoY I .
Z-5917
'NOW. THEREFORE'. if the Ow Bid o IN
Owner -shall accept the of P R , Q
I PAL. and the
PRINCIPAL erif Mffi the -Owner and., in ton day!
PAL %hall- enter into the required Agrpe
after the date of .a written Notice of Award in accordance with the terms of such Bid,. and
give- such bond OF bonds In an amount of 1.00%% the total Contract Aft-ioUntas speci led 1h:
the Bidding Documents or Corifmci Documents with good and. sufficient surety for the.
faithful perfbrmance,pf Ilbe Agreement -and for the,prompt Payment Of la bor materials-and
supplies fuMish p
ed. in the rosect4tion thereof or, in I tile: 'event of the failure, of thq
PRINCIPAL to, e0te( into sudh Agreement' -or to give . such bond or bonds, and deliver to.
.Owner the 're'qui'red certificates: of hsurante, if the .PRINCIPAL §hall.pay. to the OBLIGEE-
the t.fixed. sum of 5%o Total Bid noted. above :as liquidated damages, and not as a
,penalty, as p mvided in the Bidding Documents; thls obligation shall,be null and %pid,
other* n
§e to remain i full force anti. effect.,
IN TESTIMONY Theteof, the Pdribipal grlq Surety have caused these pre
:.s.ent$ to
be duly signed this 13th day of July , 201-2.
A.C. SCHULTIES OF FLORIDA, INC- Pdricipal
BY (Seal)
f4ESTERN URETY COMPANY Surety
BY. --------- (Seal),
unigan AtiG�n6y
Countersigned' NA
26:
Qorwtrucdon §emicas.Agrewnent Ikevised vlmm�
Packet Page -1466-
Luca!' F esident RTOducing Agent for
The Simldss Agency, Inc. - 2 Paoli Office Park, Paoli Pa. 19301
?,T
CombUction Services Agreement Revised lh/2012:
Packet Page -1467-
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN FACT
Know An Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organ¢cd and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein of bCrA hereby
maim, constitute and appoint
William F Simk -iss, Richard J Decker, Daniel P Dungan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
of Paoli, PA, its true and lawful Attorncy(s )-in -Fact with fide power and authority hereby conferred to sign, scat and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed.
This Power ofAttomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof; duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 21st day of June, 201 D.
WESTERN SURETY COMPANY
Paul 'r Bruflat, Senior Vice President
State of South Dakota
ss
County of Minnchaha
On this 21st day of June, 2010, before me personally came Paul T. Bruflat, tome known, who, being by me duly sworn, did depose and say. that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Via President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed xed pure ant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to tike authority, and
acknowledges same to be the act and decd ofsaid corporation.
My commission expires 744L44ti444 4 44 4 4 4 44 41t4ti1 4 j
r D. KRELL f
November 30, 2012 J SEAL NOTARY PUBLIC sEAL t
J SOUTH DAKOtrA c i
+444444444444444444.4Lrs1 �
D. Kroll, No Public
CERTIFICATE
L L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinebove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 13th dayof July 201.2
'yea WESTERN SURETY COMPANY
rig t
L Nelson, Assistant Secretary -
Form F42SM9 -06
Packet Page - 1468 -
9/11/2012 Item 11.F.
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
B. 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:
<*Bid Number; 12 -5917
<*Project Name; Livingston Road IQ Water ASR System Well Below
the USDW
<*Opening Date; July 13, 2012 at 3:00 PM.
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
A.C. Schultes of Fiorida, Inc. 11865 US Hwy 41,
Bidde ame
Y / e ?e .,��
Si lur e
Date: 7113112
2s
Construction Services Agreement: Revised 111/2012
Packet Page -1469-
C'.di�er cbunCy
Admir>isssalMe Services Dhilsion
Purchasing
Memorandum
Date:.
From:
To:
Subject:
9/11/2012 Item 115.
Email: nicoleparker @colliergov.net
Telephone: (239)252 -4270
FAX: (239)252 -6549
ADDENDUM #1
July 9, 2012
Nicole Parker
Interested Bidders
Addendum #1
Solicitation #12 -5917 Livingston Road IQ Water ASR System Below USDW
The following clarifications are issued as an addendum identifying the following change (s)
for the referenced solicitation:
• Please seethe attached Collier County Noise Ordinance (16 pages)
• Please see the attached Section 15100 — Valves and Appurtenances (10 pages)
• Please see the attached clarification to the Contract Documents (3 pages)
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Alicia Abbott, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced
solicitation.
AddendumTemplate
Revised: 4/15/10
1
Packet Page -1470-
9/11/2012 Item 11.17.
CORPORATE RESOLUTION
The undersigned, as Secretary of A.C. Schultes of Florida, Inc. a corporation duly
organized and existing under the laws of the State of Florida, hereby certifies that a meeting
of the Board of Directors of said Corporation was duly called and held at its office at 664 S.
Evergreen Ave. Woodbury Heights in the State of New Jersey, on the 30th day of April 2009,
that at said meeting a
quorum was present and voting throughout; and that the following resolution on motion duly
made and seconded was unanimously adopted and will be effective the 30th day of April 2009,
and is now in full force and effect:
RESOLVED, that the following officers have authority to sign bids contracts on behalf of
A.C. Schultes of Florida, Inc.
President: John T. O'Brien
Vice President: August C. Schultes, IV
Vice President: Gregory L. Schultes
Secretary/Treasurer: Jeffrey A. DeMatte
I FURTHER Certify that there is no provision in the Certificate of Incorporation or By-
Laws of the said corporation limiting the power of the Board of Directors to pass the foregoing
resolution, and that the same is in conformity with the provisions of said Certificate of
Incorporation and By -Laws.
IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of the said
corporation and affixed the corporation. seal this 30th day of April 2009.
jefa4y\A4ematte
Secretary
Packet Page - 1471
9/11/2012 Item 11.F.
i
—V
ed.
OW
Company ID Number: 435806
To be acoepted as a participant in ErVerifg;. you should only sign the Employer's Section
Of the signature pagd, if you have lay questions, obntlact - Verify at 88$- 464 - 421.8.
Page 12 of 1a I E= verify MQU for Ermkr* I Revision Date 09104/08 www.dhs:govfE:Verlfy
Packet Page -1472-
kr
Company ID Number: 435905
9/11/2012 Item 115.
Gen
North !p =
0,84g tion
C . We i
Adminldrator.
Nurfiber. of.,VMployess.
to 9
Number of Sites Verified
.6 Y u v&.1ft&g, or more t W. an site? Q'f sites ,4V,.e'rw&d for
1h each gtkte:
FLORIDA • 1. sitd(sj
Infbirmation relating to the Program Adminfistrator(g) for your Company on policy
queWdIns of bperationa(problernte
Nap);: Gre
L Sch Ito
Tdle�h-qNurnber; SMI 13019 FwtNfimber (813) 741-3179
4,440 Address. CreZj#c&@v-Udn-net
page 13 of 13 1 E-Verify MOU for Employer I Revision Date .09 /0`1109 www.dhs.go,vfEi-Verify
Packet Page -1473-
L
9/11/2012 Item 11.17.
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ( "Owner ") hereby contracts with A.C. Schultes of Florida, Inc. ( "Contractor ")
of 11865 US Highway 41, Gibsonton FL. 33534, a Florida corporation, authorized to do
business in the . State of Florida, to perform all work ( "Work ") in connection with
Livingston Road IQ Water-ASR System Well Below the USDW, Bid No. 12 -5917
( "Project "), as said Work is set forth in the Plans and Specifications prepared by CDM
Smith, Inc., the Engineer and/or Architect of Record ( "Design Professional ") and other
Contract Documents hereafter specified.
Owner and. Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits .described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision -, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: One Million Forty Two Thousand Fifty
Dollars ($1,042,050.00).'
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
2s
Construction Services Agreement: Revised 1/112012
Packet Page - 1474 -
9/11/2012 Item 115.
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 Ninety (90) calendar days from
the Commencement Date (herein Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
Thirty (30) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein: In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, One Thousand Two
Hundred Thirty Nine Dollars ($1,239.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
30
Construction Services Agreement: Revised 1/112012
Packet Page -1475-
9/11/2012 Item 11.F.
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his /her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right-of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
31
Construction Services Agreement: Revised 1/1/2012
Packet Page -1476-
9/11/2012 Item 115.
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 L
Supplemental Terms and Conditions
Exhibit J:
Technical Specifications
Exhibit K:
Permits
Exhibit L:
Standard Details (if applicable)
Exhibit M:
Plans and Specifications prepared by CDM Smith, Inc.
and identified as.follows: Project Manual dated June 2012
as shown on Plan Sheets 1 through 38.
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:
Alicia Abbott, Project Manager.
Collier County Public Utilities Department
3339 Tamiami Trail East, Suite 303
Naples, FL. 34112
Phone: 239- 252 -5334 Fax: 239 -252- 6453
Email: aliciaabbott(t)colliergov.net
32
Construction Services Agreement: Revised 1/1/2012
Packet Page -1477-
9/11/2012 Item 11.F.
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:
Greg Schultes, Vice President
A.C. Schultes of Florida, Inc.
11865 US Highway 41
Gibsonton, FL 33534
Phone: 813 - 741 -3010 Fax: 813- 741 -3170
Email: Grea.acsfl(aD-verizon. net
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public ' entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
33
Construction Services Agreement: Revised 111/2012
Packet Page -1478-
9/11/2012 Item 115.
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.
34
Construction Services Agreement: Revised 1/1/2012
Packet Page -1479-
9/11/2012 Item 11.F.
35
Construction Services Agreement: Revised 1/1/2012
Packet Page -1480-
9/11/2012 Item 115. 1
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
TWO WITNESSES:
FIRST WITNESS
TypelPrint Name
SECOND WITNESS
Type /Print Name
Date:
ATTEST:
Dwight E. Brock, Clerk
BY:
Approved As To Form
and Legal Sufficiency:
CONTRACTOR:
A.C. SCHULTES OF FLORIDA,
INC.
Type /Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Print Name: q'P
Assistant County Attorney
BY:
Fred W. Coyle, Chairman
ConstvuoWn Services Agreement: Revised 1 /12uic
Packet Page -1481-
9/11/2012 Item 11.F.
EXHIBIT A 1: PUBLIC PAYMENT BOND
Livingston Road IQ Water ASR System Well Below the USDW
KNOW ALL MEN BY THESE PRESENTS: That
Bond No.
Contract No. 12 -5917
, as Principal,
and as
Surety, located at
(Business Address) are held and firmly bound to
as Obligee in the sum of
($ ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
2012, 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.
!N' WITNESS WHEREOF, the above parties have executed this instrument this -
day of 2012, the name of each party being affixed and these presents
duly signed by its under - signed representative, pursuant to authority of its governing
body.
37
Construction Services Agreement: Revised 1/1/2012
Packet Page -1482-
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
PRINCIPAL
BY:
NAME:
ITS:
9/11/2012 Item 11.F.
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:
Witnesses to Surety
►N
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
38
Construction Services Agreement: Revised 1/1/2012
Packet Page -1483-
K-
Witnesses
9/11/2012 Item 11.F.
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The. foregoing instrument was acknowledged before me this day of
2012, by as
of
Surety, on behalf of Surety. He /She is personally known to me OR has produced
as identification and who did (did not) .
take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
39
Construction Services Agreement: Revised 1/1/2012
Packet Page -1484-
9/11/2012 Item 115.
EXHIBIT A 2: PUBLIC PERFORMANCE BOND
Livingston Road IQ Water ASR System Well Below, the USDW
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as
Bond No. 12 -5917
Contract No.
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
2012, 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.
40
Construction Services Agreement: Revised 1/1/2012
Packet Page - 1485 -
9/11/2012 Item 115.
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 , 2012, 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
Witnesses as to Principal
3'j
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _
2012, 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:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
day of
as
a
He /she is
41
Construction Services Agreement: Revised 1/1/2012
Packet Page -1486-
ATTEST: SURETY:
Witnesses as to Surety
Witnesses
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
9/11/2012 Item 115.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2012, 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)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
42
Construction Services Agreement: Revised 1/1/2012
Packet Page -1487-
9/11/2012 Item 115.
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 solicitations
whichever is longer.
The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation,
non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing
contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the
aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have
the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverages required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge
the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty
(30) days after demand, the County has the.right to offset these costs from any amount due Vendor under this
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 coverage(s) purchased or the insurance
43
Construction Services Agreement: Revised 1/1/2012
Packet Page -1488-
9/11/2012 Item 115.
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.
44
Construction Services Agreement: Revised 1/1/2012
Packet Page -1489-
9/11/2012 Item 11.F.
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. Z Employer's Liability
3. ® Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
$1,000,000 single limit per occurrence
Bodily Injury and Property Damage
$1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability
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 parry 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.
❑ Pollution
$ Per Occurrence
$ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
$1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability
Packet Page -1490-
$ Per Occurrence
45
Construction Services Agreement: Revised 1/1/2012
9/11/2012 Item 11.F.
❑ Valuable Papers Insurance $ Per Occurrence
6. ® -Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-' or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
Packet Page -1491-
46
Construction services Agreement: Revised 1/112012
9/11/2012 Item 11.F.
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 2012 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 2012, by
, as of I , 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)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.:
Packet Page -1492-
47
Construction Services Agreement: Revised 1/1/2012
9/11/2012 Item 115.
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER_) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date) $ and stored to Date $
Retainage @ _% after [insert date] $ = Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
. (DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
Packet Page -1493-
48
Construction Services Agreement: Revised 1/1/2012
Packet Page -1494-
9/11/2012 Item 1].F.
�
|
|
ƒ
§
)
$
)
§]
k
.
a
§)
§m
�_
ma
CM
}�
|§
a
<�
\/
&�
-
®f
%
)/
a�
]e
)
G)
�m=
.)§
2
2
9-
M2
k
k
LLJ
{�
LU
2
M
R)
a.0
\D
#w�§
is
0
-
e
F!a$o
¥oo
°(
�S
®®
$2
�
«£
/
/
�\
®«
§/
m$
D
�
\
§
_
/kz
0
C.
)\
—
Ȥ
�
IL
�\
L)
0§
w
�\
D
)§
$r
w
e
R3
7
/A
/{
�@
®;
CD
CL
,
e
4t
2
k/
)j
)®
}�
<-06
0
-
—
§__
CL
b@=
2#®
'Er_
§
\{)
(
)
%£
)
{
e
/¢]
}
®
Cl-
Cl
_M
\
2
Sn
0
M
If
C
k
a2
En
m
2
j
=
/
�(
2
u
Z
.
5
Packet Page -1494-
9/11/2012 Item 1].F.
�
|
|
ƒ
§
)
$
)
�l
m
Q
ro
E
`0
U-
`o
d
d
m
m
0
r
b
C
O
U_
❑
72
X
W
Packet Page -1495-
9/11/2012 Item 115.
O N
L
O
N
N
W
j
N
E
a�
d
rn
N
N
cn
0
N
C
O
U
O
d
C Nl
m c
R'
m
M O
N
❑
;a o.
� N
C L
y
U
3 m
.2
> N
N �
—
M
-0 0
m •c
> d
m•a,a
�:E
>, .c
y y
Q
O y
> U
C1 0
m �
V �
O
C Z
0
O
�L
v
Q�
0
d
R
Packet Page -1495-
9/11/2012 Item 115.
O N
L
O
N
N
W
j
N
E
a�
d
rn
N
N
cn
0
N
C
O
U
EXHIBIT E: CHANGE ORDER
TO:
Project Name: _
Bid No.:
Change Order No.:
Change Order Description
Original Agreement Amount ...................
Sum of previous Change Orders Amount
This Change Order Amount ...................
Revised Agreement Amount ...................
9/11/2012 Item 11.17.
FROM: Collier County Government
Construction Agreement Dated:
Date:
...........................
$
....... ...............................
$
......... I .......................
$
....... I ..............................
$
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:
51
Construction Services Agreement: Revised 1/1/2012
Packet Page
-1496-
9/11/2012 Item 11.F.
Director
(For use by Owner: Fund Cost Center: Object Code: Project
Number: )
52
Construction Services Agreement: Revised 1/1/2012
Packet Page -1497-
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
Design Professional's Project No.
9/11/2012 Item 11.F.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof.
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
53
Construction Services Agreement: Revised 1/112012
Packet Page -1498-
9/11/2012 Item 11.F.
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor-is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on 2012
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
2012
2012
54
construction Services Agreement: Revised 1/1/2012
Packet Page -1499-
9/11/2012 Item 11.F.
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:
2012
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1.
All Punch List items completed on
2.
Warranties and Guarantees assigned to Owner (attach to this form).
3.
Effective date of General one year warranty from Contractor is:
4.
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5.
As -Built drawings obtained and dated:
6.
Owner personnel trained on system and equipment operation.
7.
Certificate of Occupancy No.:
issued on (attach to this form).
8.
Certificate of Substantial Completion issued on
9.
Final Payment Application and Affidavits received from Contractor on:
10.
Consent of Surety, received on
11.
Operating Department personnel notified Project is in operating phase.
12.
All Spare Parts or Special Tools provided to Owner:
11
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
55
Construction Services Agreement: Revised 1/1/2012
Packet Page -1500-
9/11/2012 Item 11.F.
Professional: (Firm Name)
(Signature)
(Typed Name & Title)
By Owner: (Department Name)
(Signature)
(Name & Title)
56
Construction Services Agreement: Revised 1/1/2012
Packet Page -1501-
9/11/2012 Item 11.F.
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 shove 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;
57
Construction Services Agreement: Revised 1/1/2012
Packet Page -1502-
9/11/2012 Item 115.
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities ".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all" other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents),
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
58
Construction Services Agreement: Revised 111/2012
Packet Page -1503-
9/11/2012 Item 11.F.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
59
Construction Services Agreement: Revised 111/2012
Packet Page -1504-
9/11/2012 Item 11.F.
4.3 Contractor shall submit all Applications for Payment to Jason Sciandra, CDM
Smith, Inc., located at 2180 West First Street, Ft. Myers, FL. 33901.
4.4 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re- submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly
payment request or ten percent (10 %) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held 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.
60
Construction Services Agreement: Revised 1/1/2012
Packet Page -1505-
9/11/2012 Item 115.
owl
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub- subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non - payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
5. PAYMENTS WITHHELD:
5.1 The Project Manager may decline to
portions thereof, because of subsequently
inspections that reveal non - compliance with
Manager may nullify the whole or any part
approve any Application for Payment, or
discovered evidence or subsequent
the Contract Documents. The Project
of any approval for payment previously
61
Construction Services Agreement: Revised 1/1/2012
Packet Page -1506-
9/11/2012 Item 115.
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non - liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not
limited to taxes or other fees) to Collier County and the contractor has not satisfied nor
made arrangement to satisfy these debts, the County reserves the right to off -set the
amount owed to the County by applying the amount owed to the vendor or contractor for
services performed of for materials delivered in
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
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
62
Construction Services Agreement: Revised 1/1/2012
Packet Page -1507-
9/11/2012 Item 111.
0000wl
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
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
63
Construction Services Agreement: Revised 1/1/2012
Packet Page -1508-
9/11/2012 Item 115.
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS- BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low. temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub - Contractor's
personnel;
8.1.4 The number of Contractor's and Sub - Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
64
Construction Services Agreement: Revised 1/1/2012
Packet Page -1509-
9/11/2012 Item 11.F.
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be -given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As- Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As- Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material -men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
65
Construction Services Agreement: Revised 1/1/2012
Packet Page -1510-
9/11/2012 Item 115.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48)
hours after the commencement-of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items-and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
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
ss
Construction Services Agreement: Revised 1/1/2012
Packet Page -1511-
9/11/2012 Item 11.F.
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor 'are unable to agree on a. Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change., In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10 %) markup .
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all
Subcontractors' and sub - subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15 %). All compensation due Contractor and any Subcontractor or
sub- subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub - Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item. No markup shall be placed on sales tax, shipping or subcontractor
markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
67
- Construction Services Agreement: Revised 1/1/2012
Packet Page -1512-
9/11/2012 Item 11.F.
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty -eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty -eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty -eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
sa
Construction Services Agreement: Revised 1/1/2012
Packet Page -1513-
9/11/2012 Item 11.F
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 ail federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
69
Construction Services Agreement: Revised 1/1/2012
Packet Page -1514-
i
9/11/2012 Item 11.F.
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws
of the United States and to employ only individuals who are eligible to work in the
United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA),
provides an Internet -based means of verifying employment eligibility of workers in the
United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendor's /bidder's
proposal. Acceptable evidence consists of a copy of the properly completed E- Verify
Company Profile page or a copy of the fully executed E- Verify Memorandum of
Understanding for the company. Vendors are also required to provide the Collier
County Purchasing Department an executed affidavit certifying they shall comply with
the E- Verify Program. The affidavit is attached to the solicitation documents. If the
BidderNendor does not comply with providing both the acceptable E- Verify
evidence and the executed affidavit the bidder's / vendor's proposal may be
deemed non - responsive.
Additionally, vendors shall require all subcontracted vendors to use the E- Verify system
for all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-
Verify) program visit the following website: http://www.dhs.,gov/E-Veri . It shall be the
vendor's responsibility to familiarize themselves with all rules and regulations governing
this program.
70
Construction Services Agreement. Revised 1/1/2012
Packet Page -1515-
9/11/2012 Item 11.F.
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.
71
Construction Services Agreement: Revised 1!1/2012
Packet Page -1516-
9/11/2012 Item 11.F.
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.
72
Construction Services Agreement: Revised 1/1/2012
Packet Page -1517-
9/11/2012 Item 11.F.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefore or re- letting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
73
Construction Services Agreement: Revised 1/1 /2012
Packet Page -1518-
9/11/2012 Item 11.F.
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons 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
74
Construction Services Agreement: Revised 1/1/2012
Packet Page -1519-
9/11/2012 Item 115.
recommendations. Unless and until the Owner is completely satisfied, neither the final I
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
75
Construction Services Agreement: Revised 1/1/2012
Packet Page -1520-
9/11/2012 Item 115.
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection
fees and costs; to the extent such re- inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non -
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
76
Construction Services Agreement: Revised 1/1/2012
Packet Page -1521-
9/11/2012 Item 11.F.
,olll
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and /or an extension to the Contract
Time, directly attributable to such uncovering, exposure; observation, inspection, testing
and reconstruction, -
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
77
Construction Services Agreement: Revised 1/1/2012
Packet Page -1522-
9/11/2012 Item 111.
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.8, 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.
78
Construction Services Agreement: Revised 1/1/2012
Packet Page -1523-
9/11/2012 Item 11.F.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re- establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty -eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and /or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
7s
Construction Services Agreement: Revised 1/1/2012
Packet Page -1524-
9/11/2012 Item 115.
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective
Device Coordination and Arc Flash Studies where relevant as determined by the
engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash
boundary and PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees "), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
80
Construction Services Agreement: Revised 1/1/2012
Packet Page -1525-
9/11/2012 Item 11. F.
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not -
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre- construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre- construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion /termination of this Agreement.
81
Construction Services Agreement: Revised 1/1/2012
Packet Page -1526-
9/11/2012 Item 111.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right -of -Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department- of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and /or Purchasing
Departments, and is available on -line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
82
Construction Services Agreement: Revised 1/1/2012
Packet Page -1527-
9/11/2012 Item 11.F.
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self - performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
83
Construction Services Agreement; Revised 1/1/2012
Packet Page - 1528 -
9/11/2012 Item 11.F.
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.
sa
Construction Services Agreement: Revised 1/1/2012
Packet Page - 1529 -
9/11/2012 Item 11.F.
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
85
Construction services Agreement: Revised 1/112012
Packet Page -1530-
9/11/2012 Item 11.F.
34.1.25
Daily Progress Reports
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
34.1.28
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
34.1.31
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
as
Construction Services Agreement: Revised 1/1/2012
Packet Page -1531-
9/11/2012 Item 11. F.
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND /UNDERGROUND TANKS.
An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762,
F.A.C. regulated tank requires notification to the 'County prior to installation or closure
of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the `county' local program thirty (30) days prior to
installation and again forty -eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty -eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation /closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor /project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762,
F.A.C. or you may contact the Pollution Control Department with. your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision - making authority and by OWNER'S staff person who
would make the presentation of any settlement reached during negotiations to OWNER
for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to
e7
Construction Service's Agreement: Revised 1/112012
Packet Page -1532-
9/11/2012 Item 11.17.
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.
88
Construction Services Agreement: Revised 1/1/2012
Packet Page -1533-
9/11/2012 Item 11. F.
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
Supporting documents found at: http: / /bid.colliergov.net/bid/
89
Construction Services Agreement: Revised 1/1/2012
Packet Page -1534-
9/11/2012 Item 11.F.
EXHIBIT J: TECHNICAL SPECIFICATIONS
Supporting documents found at: http:l /bid.colliergov.netibid/
90
Construction Services Agreement: Revised 1/1/2012
Packet Page -1535-
9/11/2012 Item 11.F.
EXHIBIT K: PERMITS
Supporting documents found at: http: / /bid.colliergov.netibidl
91
Construction Services Agreement: Revised 1/1/2012
Packet Page -1536-
9/11/2012 Item 11.F.
EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http: / /bid.colliergov.net/bid/
92
Construction Services Agreement: Revised 1/1/2012
Packet Page -1537-
9/11/2012 Item 11.F.
EXHIBIT M: PLANS AND SPECIFICATIONS
Supporting documents found at: http: / /bid.colliergov.net/bid/
93
Construction Services Agreement: Revised 1/1/2012
Packet Page -1538-
9/11/2012 Item 11.F.
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Greg Schultes
Packet Page -1539-
Personnel Category
Construction Manager
94
Construction Services Agreement: Revised 1/1/2012
cofnr County
Administmhe S eNioes Division
Purchasing;
Memorandum
9/11/2012 Item 11.F.
Email: nicoleparker @colliergov.net
Telephone: (239)252 -4270
FAX: (239)252 -6549
ADDENDUM #1
Date: July 9, 2012
From: Nicole Parker
To: Interested Bidders
Subject: Addendum #1
Solicitation #12 -5917 Livingston Road IQ Water ASR System Below USDW
The following clarifications are issued as an addendum identifying the following change (s)
for the referenced solicitation:
• Please seethe attached Collier County Noise Ordinance (16 pages)
• Please see the attached Section 15100 — Valves and Appurtenances (10 pages)
• Please see the attached clarification to the Contract Documents (3 pages)
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Alicia Abbott, Project Manager
AddendumTemplate
Revised: 4/15110
1
Packet Page -1540-
Municode
9/11/2012 Item 115.
1 Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 54 - ENVIRONMENT >>
ARTICLE IV. - NOISE >>
ARTICLE IV. - NOISE
Sec. 54 -81. -Title and citation.
Sec. 54 -81 - Definitions.
Sec. 54 -83. - Reserved.
Sec. 54 -84. - Additional remedies.
Sec. 54 -85. - Findings and purpose.
Sec. 54 -86. - Applicability.
Sec. 54 -87. - Exemptions.
Sec..54 -88. - Community event permits.
Sec. 54 -89. - Right to appeal.
Sec. 54 -90. - Violations: penalties: enforcement.
Sec. 54 -91. - Prohibitions.
Sec. 54 -92. - Maximum permissible sound levels.
Sec. 54 -93. - Noise violations that do not require use of testing equipment,
Sec. 54 -94. - Use of loudspeakers.
Secs. 54 -95-54 -115. - Reserved.
Sec. 54 -81. - Title and citation.
This article shall be known and may be cited as the "Collier County Noise Control
Ordinance ".
(Ord. No. 90 -17, § 2)
Sec. 54 -82. - Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Agricultural Zone means any geographic area designated for agricultural
activities by the zoning authority having jurisdiction over such area.
Ambient Noise means the all encompassing noise associated with a given
environment, being usually a composite of sound from many sources near and far.
Ambient Sound Level means the A- weighted or C- weighted Sound Level of the
Ambient Noise at a given location.
Amplified Sound means use of a public address system, loudspeaker, amplifier
or any other device which electronically or mechanically augments the volume of
sound. For purposes of this Ordinance, Amplified Sound does not include Background
Music.
http: // library .municode.com /print.aspx ?cli Packet Page - 1541- Request= http %3a %2f%2fli... 5/24/2012
Municode 9/11/2012 Item 11.F.
ANSI means the American National Standards Institute.
A- Weighted Sound Level dB(A) means the sound pressure level in decibels as
measured on a Sound Level Meter using the A- weighting network. The level so read is
designated dB(A).
Background Music means any music or other Sound played in a public or private
space whose main function is to create an atmosphere suitable to a specific occasion,
rather than to be listened to. Background Music shall normally generate Sound Levels
no higher than 45 dB(A) at any location on the property where it is being played.
Commercial Zone means any geographic area designated for commercial or
professional activities by the zoning authority having jurisdiction over such area.
Community Event means any cultural, sporting, historical or traditional
observance, holidays and ceremonies, parades and concerts open to the public,
including events operated for profit or for which admission is charged.
Construction means any site preparation, assembly, erection, substantial repair,
alteration, or similar action, but excluding demolition, for or on any public or private right
-of -way, structures, utilities or similar property.
Continuous Noise means a noise whose sound pressure level exceeds the
Ambient Sound Level and remains essentially constant in level during the period of
observation.
County Code Enforcement Department means the designated authority charged
with administration of this Ordinance and enforcement in addition to enforcement by the
County Sheriffs Office.
C- weighted Sound Level, dB(C) means the sound pressure level in decibels as
measured on a Sound Level Meter using the C- weighting network. The level so read is
designated dB(C).
Decibel (dB) means a logarithmic unit of measurement that expresses the
magnitude of a physical quantity relative to a specified or implied reference level. Since
it expresses a ratio of two quantities with the same unit, it is a dimensionless unit. In the
case of this Noise Ordinance, a Decibel means a unit for measuring the amplitude of
sound, equal to 20 times the base ten logarithm of the ratio of the measured sound
pressure to the reference pressure, which is 20 microPascals. Generally, higher decibel
levels represent louder sounds.
Emergency means an occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss, which demands immediate
action.
Emergency Work means any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an
Emergency.
Equipment includes, but is not limited to, air conditioning unit, heating unit,
pump, fan, generator, utility facility, and any other substantially similar item, operating in
http: // library .municode.com /print.aspx ?cli Packet Page -1542- Request= http %3a %2f%2fli... 5/24/2012
Municode 9/11/2012 Item 115.
accordance with its manufacturer's specifications, large or small, commercial or non-
commercial, whether or not a fixture.
Equivalent A- weighted or C- weighted Sound Level, Leq,A or Leq, C means the
constant Sound Level that in a given situation and time period, coveys the same sound
energy as the actual time - varying A- weighted or C- weighted sound. For the purposes of
this Ordinance, a minimum measurement time period of one minute shall be used,
unless otherwise specified.
Hertz (Hz) is the unit of measure of the frequency of sound. One Hertz equals
one cycle per second. The audible frequency range for normal human hearing is ,
between 20 Hertz and 20,000 Hertz. The higher the frequency (measured in Hertz), the
higher the pitch of the sound.
Impulsive Sound means a sound of short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples of sources of impulsive sound include
explosions, drop forge impacts, and the discharge of firearms.
Industrial Zone means any geographic area designated for industrial or
manufacturing activities by the zoning authority having jurisdiction over such area.
Intermittent Noise means a noise whose sound pressure level exceeds the
Ambient Level at either regular or irregular intervals.
Mixed -Use Project means a development or structure characterized by the use
or occupancy of any geographic area, determined by reference to tract boundary,
designated for both residential and nonresidential purposes by the zoning authority
having jurisdiction over such area.
Motor Vehicle means any self - propelled vehicle not operated upon rails or
guideway, but not including any bicycle, motorized scooter, electric personal assistance
mobility device, or moped. Many vehicles are not motor vehicles.
Multifamily Dwelling means any building or structure containing two or more
residences, each occupied in whole or in part as the temporary or permanent residence
of one or more natural persons.
Noise means any sound which annoys or disturbs, or which causes or tends to
cause an adverse psychological or physiological effect on humans.
Noise Level means the sound pressure level as measured in dB(A) unless
otherwise specified.
Person means any individual natural person, public or private corporation, firm,
association, joint venture, partnership, or any other entity whatsoever or any
combination of such, jointly and severally. Person shall include any owner, agent, or
employee of a business establishment or other entity.
Property Boundary means the Real Property Line of any real property.
Pure Tone means any Sound consisting of a single frequency. For the purposes
of measurement, a Pure Tone shall exist if the one -third octave band sound pressure
level in the band with the tone exceeds the arithmetic average of the sound pressure
http: // library .municode.com /print.aspx ?cli Packet Page -1543- Request= http %3a %2f%2fli... 5/24/2012
Municode
9/11/2012 Item 115.
levels of the two contiguous one -third octave bands by five dB for center frequencies of
500 Hz and above; by eight dB for center frequencies between 160 and 400 Hz; an_ d by
fifteen dB for center frequencies less than or equal to 125 Hz.
Real Property Line means an imaginary line along the ground surface, and its
vertical plane extension, which separates the real property owned, rented or leased by
one person from that owned, rented or leased by another person, excluding
intrabuilding real property divisions.
Residential Zone means any geographic area designated for single or Multifamily
Dwelling by the zoning authority having jurisdiction over such area.
Road means the entire width between the boundary lines of every way or place
of whatever nature when any part thereof is open to public use for vehicular traffic, and
every private way or private place over which the Sheriffs Office has traffic control
jurisdiction under a F.S. § 316.006(3)(b), traffic control assignment.
RMS Sound Pressure means the square root of the time averaged square of the
sound pressure, denoted Prms.
Sheriffs Office means the Collier County Sheriffs Office.
Sound means an oscillation in pressure, stress, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces. The description
of sound may, include any characteristic of such sound including duration, intensity and
frequency.
Sound Level means the weighted sound pressure level obtained by the use of a
Sound Level Meter and frequency - weighting network, such as A or C, as specified in
the latest revision of the ANSI Standard S1.4, "Specification for Sound Level Meters ". If
the frequency weighting employed is not indicated, the A- weighting shall apply.
Sound Level Meter means an instrument used for the measurement of sound
pressure level, A- weighted Sound Level, or C- weighted Sound Level. Any Sound Level
Meter used to determine compliance with this Ordinance shall meet or exceed the
requirements for Type 2 Sound Level Meter in accordance with the latest revision of
ANSI Standard S1.4, "Specification for Sound Level Meters ". To be valid, readings from
a Sound Level Meter shall be properly calibrated prior to each set of readings per the
manufacturer's specifications.
Sound Pressure means the instantaneous difference between the actual
pressure and the average or barometric pressure of a given point in space, as
produced by sound energy.
Sound Pressure Level means 20 times the base 10 logarithm of the ratio of the
RMS sound pressure to the reference pressure of 20 microPascals. The sound
pressure level is denoted Lp or SPL and is expressed in decibels.
Vehicle, which also includes all motor vehicles, means every device in, upon, or
by which any individual or property is or may be transported or drawn upon roadway
(excepting devices used exclusively upon stationary rails or tracks), including but not
limited to automobiles, commercial motor vehicles, trucks, tandem trailer trucks, trailers,
http: // library .municode.com /print.aspx ?cli Packet Page -1544- Request4ttp %3a %2f /o2fli... 5/24/2012
Municode 9/11/2012 Item 11.F.
semi - trailers, buses, motorcycles, tractors, farm labor vehicles, all- terrain vehicles, two -
rider all- terrain vehicles, mopeds, go -carts, maxi -cube vehicles, motorized scooters,
motorized bikes, and bicycles, whether moving or stationary.
(Ord. No. 90 -17, § 5; Ord. No. 93 -77, § 2; Ord. No. 07 -61, § 1; Ord. No. 2008 -68, § 4)
Cross reference— Definitions generally, § 1 -2.
Sec. 54 -83. - Reserved.
Editor's note—
Ord. No. 2008 -68, § 10, adopted Dec. 16, 2008, renumbered former 4 54 -83, entitled
"violations; penalties; enforcement', as § 54 -90
Sec. 54 -84. - Additional remedies.
(a) In addition to the criminal penalties provided for herein, the Board of County
Commissioners is hereby authorized to institute any appropriate action or proceeding,
including an action at law for damages or a suit for injunctive relief in order to prevent or
abate violations of this article. For the purposes of this article, the emission of any
sound or the operation or maintenance of any device, instrument, vehicle or machinery
in violation of any provisions of this article which endangers the comfort, repose, health
and peace of residents of the County is declared to be a public nuisance.
(b) Nothing in this section shall be construed to prohibit the County from prosecuting any
violation of this article by means of a code enforcement board established pursuant to
the authority of F.S. ch. 162. Nothing herein shall be construed to limit any private right
of action.
(Ord. No. 90 -17, § 12)
Sec. 54 -85. - Findings and purpose.
(a) The Board of County Commissioners finds and determines that noise level emissions in
excess of the requirements established in this article are potentially harmful and
injurious to the public health, safety and welfare, and unreasonably interfere with the
enjoyment of life and property in the County.
(b) It is therefore the purpose of this article to eliminate, regulate or restrict sources and
occurrences of amplified sound or noise at decibel levels or frequencies and intensities
which are contrary to the public welfare, constitute a nuisance to the public at large and
degrade the quality of life. It is declared that the provisions and prohibitions hereinafter
contained and enacted are for the purpose of securing and promoting public health,
comfort, convenience, safety and welfare, and the peace and quiet of the County and
the inhabitants therein.
(Ord. No. 90 -17, § 1; Ord. No. 93 -77, § 1; Ord. No. 07 -61, § 2)
Sec. 54 -86. - Applicability.
All territory within the legal boundaries of the unincorporated area of the County shall
be embraced by the provisions of this article. Noises originating in an area not embraced by
the provisions of this article which emanate into an area embraced shall constitute a violation
of this section.
(Ord. No. 90 -17, § 3)
http: // library. municode .com /print.aspx ?cliPacket Page - 1545 - Request = http %3a %2f /o2fli... 5/24/2012
Municode
Sec. 54 -87. - Exemptions.
9/11/2012 Item 11.17.
The following uses and activities shall be permitted under this Ordinance and are
exempt from the Sound Level limits set forth in subsection 6.6:
A. Construction operations for which building permits have been issued, or
construction operations not requiring permits due to ownership of the project by
an agency of government; providing all equipment is operated in accord with the
manufacturers' specifications and with all standard equipment, manufacturers'
mufflers and noise reducing equipment in use and in proper operating condition,
and is operated in compliance with subsection 6.17 hereof.
B. Noises of safety signals, warning devices, and emergency pressure relief valves.
C. Noises resulting from reasonable use of bells and chimes, such as those from
churches.
D. Noises resulting from any authorized emergency vehicle when responding to an
emergency call or acting in time of Emergency.
E. Noises resulting from Emergency Work.
F. Noises resulting from equipment or operations incidental to the emergency repair
or restoration of services such as public utilities or other Emergency activities in
the public interest.
G. Any other Noise resulting from activities of a temporary duration permitted by law
and for which permission has been granted by the County Manager or designee
in accordance with this Ordinance.
H. Noises made by persons having obtained a permit to use the streets.
I• All Noise coming from the normal operations of aircraft (not including scale
model aircraft), including Noise from mosquito fogging aircraft, and from the
normal operations of airports within the County.
J. Motor vehicles used on public roadways, as defined in F.S. §§ 316.293(2)(a), (b)
and (c).
K. Ordinary noise created by the normal operation of railways.
L Operation of Equipment or conduct of activities normal to residential or
agricultural communities such as lawn care, soil cultivation, domestic power
tools, lawn mowers, maintenance of trees, hedges, gardens, refuse collection,
agricultural equipment, saws and tractors, street sweepers, mosquito fogging,
tree trimming and limb chipping and other normal community operations,
between the hours of 7:00 a.m. to 10:00 p.m.
M. Exception for existing operations. An exception to the Sound Level limits
contained in Section Six, Table 1, shall be permitted where a commercial use or
other non - residential use had in prior years established its place of business in
an area away from a residential use, and through subsequent development or
rezoning, now finds itself adjoining a Residential Zone. In these instances, the
Sound Level limits in Table I pertaining to the previously existing zoning or use
category shall apply, and the commercial use or other nonresidential use shall
not be required to meet those Sound Level limits pertaining to residential zoning
or use.
N. The reasonable use of the unamplified human voice.
O. Noise resulting from regular maintenance testing of standby emergency power
generators, provided that any sound attenuation provided by the manufacturer is
http: // library .municode.com /print.aspx ?cli Packet Page - 1546 - Request= http %3a %2f /o2fli... 5/24/2012
Municode 9/11/2012 Item 11.F.
retained, and provided that the noise occurs between the hours of 9:00 a.m. and
5:00 p.m., Monday through Saturday, excluding holidays stated in subsection
6.F.2.a hereof. The frequency of maintenance testing and the duration of each
test shall be no more frequent and not longer in duration than thirty (30) minutes
once a week.
P. Authorized School, Park or Playground Activities. Sounds emanating from any
authorized playground or school sporting event, entertainment event, or
authorized event at a public or private school, park, or playground, provided the
sounds therefrom conform to the official authorization granted to conduct that
event.
Q. Raceway Facilities and Activities at the Immokalee Regional Airport. This
Ordinance shall apply to the existing one - eighth mile drag strip at the Immokalee
Regional Airport and shall continue to apply thereto unless and until different
noise levels may be determined by means of the following permitting processes.
This Ordinance does not establish any Sound Level standards that are to apply
to any future racing facilities or activities hereafter located at the airport. If
additional raceway facilities are authorized at that airport, the Sound Level
standards that shall apply thereto shall be determined by and during the
permitting processes that authorize such future facilities and /or activities. The
Board shall have final approval authority of the applicable Sound Levels after
public hearing thereon. Those new Sound Level standards shall then be applied
equally to the one- eighth mile drag strip. Those new Sound Level standards can
exceed, but shall not be stricter than, the Sound Level limits now specified in this
Ordinance, and shall be determined by and during the permitting processes that
authorize such future facilities and/or activities. Such standards shall be
described in terms of A- weighted and C- weighted Sound Level testing under
Table I, and there shall be no time averaging of any of those sounds.
Notwithstanding any other then existing enforcement alternatives, those
standards, once established, shall be enforceable by applying this Ordinance.
R. Noise from Swamp Buggy events. Noise associated with allowable events
emanating from the current location of the Swamp Buggy Recreation and Sports
Park, including but not limited to, motor racing, tractor pulls, festivals and music
concerts, Developers of parcels that adjoin the Swamp Buggy Recreation and
Sports Park, or parcels that would otherwise be substantially affected by the
noise generated by the Swamp Buggy Recreation and Sports Park, must provide
both actual and recorded notice to all prospective residents within such
properties of this exemption, in a form to be approved by the County.
S. Noise associated with the discharge of firearms.
(Ord. No. 90 -17, § 8; Ord. No. 93 -77, § 5; Ord. No. 00 -68, § 3; Ord. No. 07 -61, § 3; Ord. No. 2008 -68, § 6;
Ord. No. 2010 -16, § 1; Ord. No. 2011 -33, § 1)
Sec. 54 -88. - Community event permits.
The County Land Development Code contains the requirement for and process related
to Community Event Permits.
(Ord. No. 90 -17, § 9; Ord. No. 93 -77, § 6; Ord. No. 00 -68, § 4; Ord. No. 2008 -68, § 7)
Sec. 54 -89. - Right to appeal.
http: // library .muni6ode.com /print.aspx ?cli Packet Page -1547- Regnest= http %3a %2fti/o2fli... 5/24/2012
Municode 9/11/2012 Item 115.
Any person aggrieved by the denial of his application for a permit, or revocation of an
existing permit, by the County Manager, or designee, may appeal such denial or revocation to
the Board of County Commissioners. Such appeals shall be taken within 30 days from the
date of denial or revocation by filing with the County Manager written notice specifying the
grounds thereof. Due public notice of the hearing on the appeal shall be given.
(Ord. No. 90 -17, § 11; Ord. No. 93 -77, § 8; Ord. No. 2008 -68, § 9)
Editor's note—
Ord. No. 2008 -68, § 8, adopted Dec. 16, 2008, deleted formers 54-89, which pertained to
waivers and derived from Ord. No. 90 -17, § 10; and Ord. No. 93 -77, § 7. Section 9 of
Ord. No. 2008 -68 renumbered provisions of former � 54 -90 as 4 54 -89 as set out
herein.
Sec. 54 -90. - Violations; penalties; enforcement.
A. Any person violating any of the provisions of this Ordinance shall, upon adjudication of
a violation by the Code Enforcement Board, Special Magistrate, or court of competent
jurisdiction, be subject to a fine not exceeding $500.00, as follows:
First Violation
$100.00 fine
econd Violation
$250.00 fine
hird or more Violation
$500.00 fine
Each incident of violation shall constitute a separate offense and shall be punishable as
such hereunder. Any person who continues to violate the provisions of this Ordinance after
having been previously cited, may be subject to further citations.
B. Upon adjudication by the Code Enforcement Board, Special Magistrate, or court of
competent jurisdiction of three violations of this Ordinance for the same offense within a
12 -month period, when the offending Sound is created by the same Sound emitter, the
noise creating equipment may be confiscated by the Code Enforcement Board, Special
Magistrate, or court following the third adjudication of violation, until such time as the
offender can satisfy the Code Enforcement Board, Special Magistrate, or court that he
or she is prepared to and, in fact, will operate said equipment within the limits of this
Ordinance. Further adjudications of violation thereafter shall be grounds for permanent
confiscation by the Code Enforcement Board, Special Magistrate or court.
C. The owner of property, a tenant, a lessee, a manager, employee, an overseer, an
agent, corporation or any other person or persons entitled to lawfully possess or who
claims lawful possession of such property involved at a particular time shall each be
responsible for compliance with this Ordinance and each may be punished for violation
of this Ordinance.
D. It shall not be a lawful defense to assert that some other person caused such sound but
each lawful possessor or claimant of the premises shall be responsible for operating or
maintaining such premises in compliance with this Ordinance and the offending act
shall be punishable whether or not the person actually causing such sound is also
punished.
E- The County Sheriff or designee or any other authorized enforcement agency is
empowered to investigate any situation where a person, business or other
establishment is alleged to be in violation of this Ordinance. If the Sheriff or designee or
other authorized enforcement agent encounters a circumstance which reasonably
http: // library .municode.com /print.aspx ?cli Packet Page -1548- Request= http°'03a %2f%2fli... 5/24/2012
Municode
9/11/2012 Item 11.F.
indicates that a person is in violation of this Ordinance, or where the Sheriff or designee
or other authorized enforcement agent responds to complaints regarding Amplified
Sound or nonamplified music from any area for which an Annual Sound Permit has
been issued, he may administer a test with a Sound Level Meter and ascertain whether
a violation of this Ordinance has occurred. If the result of the test indicates a violation of
this Ordinance, the Sheriff or designee or other authorized enforcement agent is
authorized to demand that the violative sound cease, and to issue a citation or notice to
appear to the person producing, causing to be produced, or allowing to be produced the
Amplified Sound.
F. In addition to the foregoing provisions, the following enforcement procedures shall
apply where an annual permit is required pursuant to Section Six:
(1) Upon the first violation of the annual permit the County Code Enforcement
Department or Sheriffs Office may issue a verbal or written warning, if one has
not been previously issued by another authorized enforcement agency, and
upon the second violation or any subsequent violations within a 24 -hour period a
written citation may be issued. Any violations for which a written citation has
been issued may be referred to the County Code Enforcement Board, Special
Magistrate, or to a court of competent jurisdiction, in accordance with the
procedures set forth in County Ordinance No. 2007 -44, the "Consolidated Code
Enforcement Ordinance ".
(2) If cited to the Code Enforcement Board or Special Magistrate, the Code
Enforcement Board or Special Magistrate shall conduct a hearing and provide for
and enforce such penalties as provided by law.
(3) In addition to the authority of the Code Enforcement Board or Special Magistrate
to impose fines and other penalties, the person, business establishment or other
entity causing or allowing to be caused the violative sound may be subject to civil
ands -or criminal penalties as provided by this Ordinance upon conviction by a
court of competent jurisdiction.
G. Statutory Vehicle Related Noise Violations. Motor vehicle noise prohibited by F.S. §
316.272, (excessive or unusual noise from motor vehicle exhaust system), or by F.S. §
316.293, (maximum motor vehicle decibel levels measured by testing equipment), or
any vehicle noise prohibited by any other Florida Statute, shall be enforceable by the
Sheriffs Office, and shall not be enforceable by Code Enforcement officers.
H. Noise that violates this Ordinance emitted from a vehicle (including motor vehicle) when
on a road, or emitted from a noise producing device related to a vehicle when on a
road, shall be enforceable by the Sheriffs Office, and shall not be enforceable by Code
Enforcement officers. These violations, when off road, can be enforced by Code
Enforcement officers or by the Sheriffs Office, including without noise testing by
applying Section Twelve.
Other Remedies Preserved. Nothing in this Ordinance shall prohibit the Sheriffs Office
from charging persons responsible for acts which affect the peace and quiet of persons
who may witness them for breach of the peace or disorderly conduct under Florida
Statutes. In addition, no provision of this Ordinance is intended to disturb the right of the
County or of any person or entity to pursue any other remedy for the abatement of a
nuisance, or any other remedy that may then be available under law or equity. This
Ordinance does not apply to the extent the specific regulation is preempted by Florida
or federal law.
(Ord. No. 90 -17, § 12; Ord. No. 93 -77, § 9; Ord. No. 2008 -68, § 10)
State law reference— Penalty for ordinance violations, F. S. § 125.69.
http:// library. municode .com /print.aspx ?cli Packet Page -1549- Request= http %3a %2N2fli... 5/24/2012
Municode
Sec. 54 -91. - Prohibitions.
9/11/2012 Item 11.17.
It shall be unlawful, except as expressly permitted herein, to make, cause, or allow the
making of any noise or sound which exceeds the Sound Level limits set forth in this
Ordinance.
(Ord. No. 90 -17, § 4; Ord. No. 2008 -68, § 3)
Sec. 54 -92. - Maximum permissible sound levels.
(a) Classification or use occupancy. For the purposes of defining "use occupancy" in the
Ordinance, the following classifications shall apply:
(1) All premises containing habitually occupied sleeping quarters shall be
considered residential use.
(2) Premises containing transient commercial sleeping quarters shall be considered
tourist use.
(3) All premises containing businesses where sales, professional, or other
commercial use is legally permitted shall be considered commercial use.
(4) All premises where manufacturing is legally permitted shall be considered
manufacturing use.
(5) Nursing homes, hospitals, hospices, public or private schools including colleges
and universities, libraries in use, churches in use, and courts in session shall be
considered residential uses.
(6) Legally, permitted use(s) of the site or unit shall supersede the zoning
classification of the site or unit and in cases of multiple uses, the most restrictive
actual lawfully permitted use shall supersede and control the zoning
classification applicable to that site or unit.
(7) Each site or unit not otherwise classified as to zoning shall conform to the
commercial sound -level limits.
(b) Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy.
(1) No person shall operate, or cause or suffer to be operated any source of sound
from any use occupancy in such a manner as to create a Sound Level, after
applicable character of sound adjustments, if any, which exceeds the limits set
forth for the use occupancy category in Table I. No Sound tested by a Sound
Level Meter shall be deemed to be in violation of this Ordinance unless the
offending Sound exceeds the Sound Level limits in Table 1, and also exceeds the
then existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C), at
the sound - affected site or unit. Sounds that are tested shall be measured at or
within the property boundary of the sound - affected site or unit from which the
complaint originated. In order to file a complaint, the complainant must provide
his /her name, address and phone number. The test equipment should normally
be at a distance greater than fifty (50) feet from the sound source unless there is
a valid reason for measuring at a closer distance. A "valid reason" exists where
land use, location, zoning, physical barriers, and /or acoustical impediments
adversely affect the accuracy of sound measurements. Measurements shall be
made in accordance with the latest revision of ANSI Standard S1.13,
"Measurement of Sound Pressure Levels in Air ". Test equipment shall be placed
at a height at least three (3) feet above the ground and at least four and one -half
(4 %Z) feet away from walls, barriers, obstructions and any other sound - reflecting
http: // library .municode.com /print.aspx ?cli Packet Page - 1550 - Request= http %3a %2f1/o2f1i... 5/24/2012
Municode 9/11/2012 Item 111.
surfaces that might affect the measured Sound Level(s). Microphone wind
screens shall be used when appropriate. The measured Sound Levels used for
comparison with the Table I Sound Level limits shall be the equivalent A-
weighted Sound Level and equivalent C- weighted Sound Level measured over a
minimum duration of sixty (60) seconds, after correction for the applicable A-
weighted or C- weighted Ambient Sound Level. No person shall hinder, obstruct,
delay, resist, prevent in any way, interfere with, or attempt to interfere with any
authorized person while he or she is in the performance of duties pursuant to this
Ordinance. The Board, by resolution(s), after public hearing thereon, may make,
adopt, amend and repeal rules and administrative orders to implement,
administer and enforce this Ordinance.
TABLE
Zoning /Use at the location of the Sound - affected
Site or Unit
Time of Day or Night`
Sound
Level
Limits
—8
d6
A
dB
C
Residential
:00 a.m. to 10:00 p.m.
6072
After 10:00 p. m. to 7:00 a.m.
55
67
Commercial or tourist
:00 a.m. to 10:00 p.m.
5
7
After 10:00 .m. to 7:00 a.m.
0
2
Manufacturing or industrial
t all times
5
7
ricultural
t all times
5
87
All times are the current local standard or daylight savings time in effect during the test, as
applicable.
(2) Correction for Ambient Sound Level shall be made as specified in Table 11,
below. If the measured difference between the applicable Ambient Sound Level
and the alleged violating Sound Level is five (5) dB(A) or five (5) dB(C), each
alleged violating sound level shall be reduced by two (2) dB(A) or two (2) dB(C).
If the measured difference is six (6) to eight (8) dB(A) or dB(C), the alleged
violating Sound Level readings shall be reduced by one (1) dB(A) or one (1) dB
(C). if such measured difference is nine (9) or more dB(A) or dB(C), the alleged
violating Sound Level shall not be adjusted based upon the difference. Fractional
decibels shall be rounded to the nearest whole decibel.
TABLE 11
Difference between alleged violating Sound
Level *and Ambient Sound Level*
Correction (to be subtracted from the
measured alleged violating Sound Level*
9 and higher
—8
1
5
2
* Sound Levels in dB(A) or dB(C)
(c) Correction for character of sound.
(1) Pure Tone. For each sound that is a Pure Tone, the Sound Level limits set forth
in Table I shall be reduced by five (5) decibels at sound - affected sites /units in
residential use or zoning.
http:// library .municode.com /pritit.aspx ?cli Packet Page -1551- Request--http %3a %2P /o2fli... 5/24/2012
Municode 9/11/2012 Item 11. F.
(2) Non- repetitive impulsive sound. For any non - repetitive impulsive sound (up to
five (5) impulses an hour), the Sound Level limits set forth in Table I shall be
increased by ten (10) decibels from 7:00 a.m. to 10:00 pm.
(d) Multifamily Dwellings. This subsection applies only to sounds when measured within a
multifamily residence unit (occupied in whole or in part as the temporary or permanent
residence of one or more natural persons) in residential, tourist residential, or
commercial use or zoning and the building contains two or more such dwelling units. It
shall be a violation of this Ordinance to emanate any Sound, including from Equipment,
live performance music, or Amplified Sound, that, when measured inside of the
Multifamily Dwelling unit in residential or tourist residential use or zoning, completely
enclosed by walls and a roof with all doors and windows closed, exceeds 53 dBA
anytime between the daytime hours of 7:00 a.m. to 10:00 p.m., or exceeds 45 dBA
anytime between the nighttime hours of 10:00 p.m. and 7:00 a.m.
(e) Mixed -Use Projects. This subsection shall only apply if both the sound - affected site /unit
and the source of the sound are located within the same Mixed -Use Project. In the case
of a Mixed -Use Project, and notwithstanding anything to the contrary as may be
contained in this Ordinance, it shall only be a violation of this Ordinance to emanate any
Sound (including from Equipment, live performance music, or Amplified Sound) that,
when measured from inside of the sound - affected residential dwelling unit, completely
enclosed by walls and a roof with all doors and windows closed, exceeds the limits set
forth in Table III below. No Sound tested by a Sound Level Meter shall be deemed to be
in violation of this subsection or this Ordinance unless the offending Sound exceeds the
Sound Level limits in Table III and also exceeds the then existing Ambient Sound Level
by at least five (5) dB(A) or five (5) dB(C), as applicable to the respective A or C
frequency- weighting network, when measured from inside of the enclosed sound -
affected residential dwelling unit, completely enclosed by walls and a roof with all doors
and windows closed. The measured Sound Levels used for comparison with the Table
III Sound Level limits shall be the equivalent A- weighted Sound Level and equivalent C-
weighted Sound Level measured over a minimum duration of sixty (60) seconds, after
correction for the applicable A- weighted or C- weighted Ambient Sound Level. For Mixed
-Use Projects, Table I Sound Level limits shall only apply to sound - affected residential
land uses or zoning located outside of the Mixed -Use Project, and shall not apply to
residential uses or zoning within the Mixed -Use Project.
TABLE III
Zoning /Use at the location of Sound Affected Site
Time of Day or Night*
Sound
or Unit
Level
Limits
B
dB
A
(C
Residential Dwelling Unit
:00 a.m. to 12:00 p.m.
53
68
fter 12:00 p.m. to 7:00 a.m.
45
62
* All times are the current local standard or daylight savings times in effect during the test, as applicable.
(f) Construction Sounds.
(1) Power driven construction equipment. No person shall operate or permit to be
operated any power driven construction equipment without a muffler or other
sound reduction device that is at a minimum as effective as that recommended
by the manufacturer or provided as original equipment. Construction equipment
http: // library .municode.com /print.aspx ?cli Packet Page -1552- Request = http %3a %2P /o2fli... 5/24/2012
Municode
9/11/2012 Item 115.
that must be operated within 2,500 feet of a residentially zoned area on a 24-
hour per day basis (including, but not limited to, pumps, well tips and generators)
shall be shielded by a barrier to reduce the Sound Level during the hours of 6:00
p.m. to 7:00 a.m. unless the unshielded Sound Level is less than the Sound
Level limits stated in Table I.
(2) Regulating Noise from Construction Activity.
a. Any construction activities and site preparation activities including but not
limited to land clearing and grading, excavation and vegetation removal,
authorized or permitted pursuant to the provisions of this Code shall occur
only during the following hours: 6:30 a.m. to 7:00 p.m., Monday through
Saturday. No construction activity or site preparation activity is permitted
on Sundays or on the following holidays: New Year's Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
b• Any person desiring to engage in the aforementioned activities beyond
the stated hours of limitation, based upon cases of Emergency, may apply
in writing to the County Manager or designee for an Emergency
Construction Permit. Such application shall state all facts and
circumstances demonstrating the existence of an Emergency and the
need for such permit. Such permits, if granted, shall be limited to 15 days,
but may be renewed for additional periods if the Emergency or need
therefor continues. Requests for renewals of said permit shall be made in
writing prior to the expiration of permits previously issued pursuant to this
section. In the issuance of such permits, the County Manager or designee
shall weigh all facts and circumstances presented and shall determine
whether the reasons given for the Emergency are valid and reasonable;
whether the public health, safety, and welfare will be protected or better
served by granting the permit requested; and whether, should the permit
not be granted, the manner and amount of loss or inconvenience to the
applicant presented by the Emergency imposes a significant hardship.
Upon an affirmative finding of the foregoing considerations, the County
Manager or designee is authorized to issue the Emergency Construction
Permit. Notice of said permit application shall be given to all property
owners adjacent to the subject site. During such periods of emergency
activities and during the normal construction or site preparation hours of
6:30 a.m. to 7:00 p.m., the Sound Levels generated by construction or site
preparation activities shall not exceed those permitted under this
Ordinance.
(3) Exceptions. Construction activities or site preparation activities performed by the
County, state or federal governments are exempt from the Emergency
Construction Permit requirement, provided that such activities are conducted in
compliance with applicable law, including this Ordinance.
(g) Permitting for Amplified Sound providing outdoor entertainment.
(1) Purpose and applicability. In order to aid in monitoring and control of Amplified
Sound providing outdoor entertainment for certain public and /or private events,
and provide for enforcement action to address violations of this Ordinance
resulting from outdoor entertainment activities generating such Amplified Sound,
a one -time, site - specific Amplified Sound Permit will be required for any
commercial business or nonresidential land use (such as, but not limited to,
public park, amphitheater, fraternal organization, or church) which conducts such
http: // library .inunicode.com /print.aspx ?cli Packet Page -1553- Request= http %3a %2f%o2fli... 5/24/2012
Municode
9/11/2012 Item 11.17.
outdoor entertainment activities within 2,500 feet of any property containing a
residential use or of any residential zoning district. That distance must be
measured from the location of the actual sound source within the sound -
producing property to the Real Property Line of the sound - affected residentially
zoned or used property. For purposes of this subsection, no Amplified Sound
Permit is required where the Sound source(s) and the Sound - affected residential
use or zoning are located within the same Mixed -Use Project.
(2) Residential amenities. For the purposes of this Section, any residential amenity
(including, but not limited to, clubhouses, recreation centers, swimming pools,
and pavilions) will be considered a residential use and Amplified Sound from
outdoor entertainment emanating from these locations will not be subject to a
requirement for an Amplified Sound Permit.
(3) Commercial establishments. In the event that any commercial establishment
utilizing Amplified Sound to provide indoor (that is, occupiable space within the
building walls) entertainment for public and /or private events is adjudicated by
the Code Enforcement Board, Special Magistrate, or court of competent
jurisdiction to be in violation of this Ordinance pursuant to the provisions of
Section Six, that land use or commercial establishment will be considered to
have expanded their entertainment outside the confines of the building walls and
must obtain an Amplified Sound Permit, subject to all of the provisions of this
Section.
(4) Compliance with Sound Level limits. All activities governed by the Amplified
Sound Permit requirements must be conducted in accordance with the
provisions of Section 6.6 (Maximum Permissible Sound Levels by Zoning
Classification or Use Occupancy).
(5) Application for Amplified Sound Permit. Prior to issuance of the permit, an
application must be completed which includes the following information:
a. The name, address and telephone number of the applicant;
b. The name, address and telephone number of the business or location at
which the event will occur;
C. Identification of the type of business or other nonresidential land use (e.g.
restaurant, night club, public park, church);
d• A sketch and description of the area in which the event will occur on the
property (e.g., patio, outdoor dining area, pooiside);
e. A narrative description of any factors which might mitigate the impact of
close proximity of the activity to adjacent residential use or zoning;
f. A description of the proposed entertainment (e.g., live band, recorded
music, disc jockey, theater performance);
9. Frequency of occurrence (monthly, weekly, daily) or estimated number of
events per calendar year with dates to be determined;
h. Proposed hours of activity.
(6) Issuance or denial.
a. Issuance. Upon receipt of an Amplified Sound permit application, the
County Manager or designee will verify that the physical location of the
proposed Amplified Sound source(s) is within 2,500 feet of any residential
zoning district or land use (as opposed to the Real Property Line of the
property on which the Sound - producing event will occur). This distance
littp:H library .municode.com /print.aspx ?cli Packet Page - 1554 - Request= http %3a %%2f%o2fli... 5/24/2012
Municode
9/11/2012 Item 115.
will be measured according to a survey, if provided by the applicant, or by
the Official Zoning Map, aerial photography, or other reliable and accurate
means. Upon completion of such verification, the County Manager or
designee shall issue an Amplified Sound Permit.
b• Denial. The only basis for denial of an Amplified Sound Permit application
shall be prior adjudication for violation of this Ordinance relating to the
same Amplified Sound activity.
(7) Terms of approval. Once granted, the permit will remain valid, so long as there is
no change in use on the subject property and no substantive change to the
information provided on the application. Change of ownership or change of
business will not invalidate the permit so long as the use remains the same;
however, the permit may be revoked in accordance with the provisions of
subsection G.10. The permit and related Sound - producing activity may be
reviewed periodically to ensure compliance with this Ordinance.
(8) Fee for permit. A nonrefundable fee for the permit covering costs associated with
administration and processing will be assessed in accordance with the Fee
Schedule approved by the Board of County Commissioners and in effect at the
time of application, and will be payable at time of application.
(9) Enforcement. All Amplified Sound activities approved in conjunction with the
permit must be conducted in accordance with the provisions of Section 6.B
(Maximum Permissible Sound Levels by Zoning Classification or Use
Occupancy).
(10) Violations. Any violations of the provisions of the permit shall be enforced in
accordance with the provisions of Section Ten of this Ordinance. In the event of
two (2) adjudications of violation of this Section within any 12 -month period by
the Code Enforcement Board, Special Magistrate, or court of competent
jurisdiction, the Amplified Sound Permit shall be revoked by the County Manager
or designee for one year from the date of the second adjudication, and the
permitted activity must cease immediately, unless otherwise ordered. During said
period of revocation, the person having held the revoked permit shall be
ineligible to apply for an annual permit issued pursuant to Section Six. Appeal of
the revocation of the permit must be taken in accordance with Section Nine of
this Ordinance.
(Ord. No. 90 -17, § 6; Ord. No. 93 -77, § 3; Ord. No. 96 -29, § 1; Ord. No. 00 -68, § 1; Ord. No. 04 -55, § 2.A;
Ord. No. 07 -61, § 4; Ord. No. 2008 -68, § 5)
Sec. 54 -93. - Noise violations that do not require use of testing equipment.
A. This Section, which shall be narrowly construed, applies notwithstanding other
provisions in this Ordinance relating to Sound measured by Sound Level Meters.
B. This Section applies only to noise affected sites classified as residential use in Section
Six.
C. Taking into account the time of day, day of the week, and the unmeasured Ambient
Noise at the noise affected site, the following Noises are a violation of this Ordinance
without use of testing equipment provided such Noise, based upon observation by
listening by an enforcement officer and a complainant at the noise affected site, is
clearly:
(1) Unreasonably loud, raucous orjarring: (is clearly annoying or clearly disturbing to
any individual of normal sensibilities at such site); or
http: // library .municode.com /print.aspx ?cli Packet Page - 1555 - Request= http %3a %2f° /o2fli... 5/24/2012
Municode
9/11/2012 Item 11.F.
(2) A nuisance: (without reasonable justification is unreasonably interfering with the
peace and quiet of any individual of normal sensibilities at such site).
D. This Section applies when either (or both) above - listed Noise is emitted from a:
(�) Domesticated animal, including dog, bird or fowl, which violations pursuant to
this Section shall be enforced only by Domestic Animal Services or by the
Sheriffs Office when testing equipment is not used. These noises can be
enforced by Code Enforcement officers when noise testing equipment is used.
(2) Vehicle (including motor vehicle) including the total volume of noise from the
vehicle or from any part thereof including motor /engine, if any. This includes all
vehicles for which any part of the vehicle's original manufacturer's exhaust
system is modified or removed, and all vehicles that are out of repair and any
vehicle related sound producing device that is out of repair. These noises are
enforceable by the Sheriffs Office, but shall not be enforceable by Code
Enforcement officers unless the location of the source of such noise is off road.
(3) Sound Producing Device. These devices include every device designed to
produce, reproduce or amplify sound, whether or not related to a vehicle, such
as horn, siren, whistle, bell, musical instrument, radio, TV, phonograph, speaker,
loudspeaker, microphone, or other substantially similar device, including when a
horn, siren, whistle, bell or similar device is sounded longer than necessary.
These noises are enforceable by the Sheriffs Office, but shall not be enforceable
by Code Enforcement officers unless the sound producing device is off road.
(4) Exceptions; Lawful Business, Profession or Occupation. This Section does not
apply to any lawful business, profession, or occupation provided any such above
- listed class of Noise is typically emitted from that type of business, profession or
occupation, and at that hour of the day and day of the week. This Section applies
if such Noise is either not typical for such type business, profession or
occupation, or is typical but is emitted at a time other than the normal hours of
operation of that specific business, profession or occupation, at that location.
(Ord. No. 07 -61, § 5; Ord. No. 2008 -68, § 12)
Sec. 54 -94. - Use of loudspeakers.
Loudspeakers or public address systems used to produce sound signals from any
source may not be operated on or over public property and public right -of -way, unless an
annual permit has been issued by the County Manager or designee. An annual permit fee
shall be paid for such permit. The permit may be canceled for noncompliance with this
Ordinance. Such systems may be used Monday through Saturday during daylight hours only.
(Ord. No. 90 -17, § 13; Ord. No. 2008 -68, § 11)
Secs. 54 -95 -54 -115. - Reserved.
FOOTNOTE(S) ^_.__
X70) Cross reference— Offenses involving public peace and order, § 94 -26 et seq. Back
(70) State Law reference— Motor vehicle noise generally, F.S. §§ 316.272 et seq., 403.415; noise from watercraft,
F.S. § 327.65. Back
http: //l ibrary .municode.com /print.aspx ?cli Packet Page -1556- Request = http %3a %2f%2fli... 5/24/2012
Collier County
Livingston Road IQ Water ASR System — Well Below the USDW
SECTION 15100
VALVES AND APPURTENANCES
PART 1 - GENERAL
1.01 SCOPE OF WORK
9/11/2012 Item 11.F.
A. Furnish all labor, materials, equipment and incidentals required and install complete and ready for
operation and test all non- buried valves as shown on the Drawings and as specified herein.
B. The equipment shall include, but not be limited to, the following. However, not all items
specified herein may be included in this project.
1. General Requirements
2. Valve Actuators — Manual
3. Butterfly Valve
4. Ball Valves
5. Ball Check Valves
6. 1 -inch Automatic Air Release Valves
7. Flowmeter
1.02 RELATED WORK
A. Piping is included in the respective Section of Division 2.
B. Finish painting is included in Section 09902.
C. Instrumentation, not specified herein, is included in Division 13.
D. Electric valve operators of all types, rate of flow controllers (including modulating valves and
operators) and other types of valves which are part of the automated instrumentation (such as
some solenoid valves) if not included herein are included in Division 13. Valve operators shall,
however, be mounted at the factory on the valves as specified herein, as part of the work of this
Section.
1.03 SUBMITTALS
A. Submit to the Engineer, in accordance with Section 01300, materials required to establish
compliance with this Section. Equipment submittals shall include at least the following:
Valve tag number.
The manufacturer and supplier.
The address at which equipment will be fabricated or assembled.
Drawings showing assembly details, materials of construction and dimensions.
Descriptive literature, bulletins and /or catalogs of the equipment.
The total weight of each item.
A complete bill of materials.
Additional submittal data, where noted with individual pieces of equipment.
Individual electrical control schematics and wiring diagrams for each valve operator with all
external interfaces, identified exactly as detailed on the Electrical and Instrumentation
6295 -90347 / Issue for Bid 15100 -1
Packet Page -1557-
9/11/2012 Item 115.
Collier County
Livingston Road 1Q Water ASR System — Well Below the USDW
Drawings. Standard catalogue cut sheets that show typical wiring diagrams only are not
acceptable. Valve actuators shall be coordinated with electrical requirements shown on the
Drawings and valves as specified herein.
B. Test Reports
1. Provide certified hydrostatic test data, per manufacturer's standard procedure or MSS -SP -61
for all valves.
C. Certificates
1. For each valve specified to be manufactured, tested and /or installed in accordance with
AWWA and other standards, submit an affidavit of compliance with the appropriate
standards, including certified results of required tests and certification of proper installation.
D. Manufacturer's Installation and Application Data
E. Operating and Maintenance Data
1. Operating and maintenance instructions shall be furnished to the ENGINEER as provided in
Section 01730. The instructions shall be prepared specifically for this installation and shall
include all required cuts, drawings, equipment lists, descriptions and other information
required to instruct operating and maintenance personnel unfamiliar with such equipment.
1.04 REFERENCE STANDARDS
A. American Society for Testing and Materials (ASTM)
1. ASTM A48 - Standard Specification for Gray Iron Castings.
2. ASTM A126 - Standard Specification for Gray iron Castings for Valves, Flanges and Pipe
Fittings.
3. ASTM A240 - Standard Specification for Heat - Resisting Chromium and Chromium- Nickel
Stainless Steel Plate, Sheet and Strip for Pressure Vessels.
4. ASTM A276 - Standard Specification for Stainless Steel Bars and Shapes.
5. ASTM A436 - Standard Specification for Austenitic Gray Iron Castings.
6. ASTM A536 - Standard Specification for Ductile Iron Castings.
7. ASTM B30 - Standard Specification for Copper -Base Alloys in Ingot Form.
8. ASTM B62 - Standard Specification for Composition Bronze or Ounce Metal Castings
B. American Water Works Association (AWWA)
I . AWWA CI I I - Rubber- Gasket Joints for Ductile -Iron Pressure Pipe and Fittings.
2. AWWA C500 - Metal - Seated Gate Valves Supply Service
3. AWWA C504 - Rubber - Seated Butterfly Valves
4. AWWA C507 - Ball Valves, 6 -in through 48 -in (150mm through 1200mm)
5. AWWA C508 - Swing -Check Valves for Waterworks Service, 2 -in (50mm through 24 -in
(600mm) NPS
6. AWWA C509 - Resilient- Seated Gate Valves for Water Supply Service
7. AWWA C511 - Reduced - Pressure Principle Backflow- Prevention Assembly
8. AWWA C512 — Air Release, Air /Vacuum, and Combination Air Valves for Waterworks
Service
9. AWWA C540 - Power - Actuating Devices for Valves and Sluice Gates
10. AWWA C550 - Protective Epoxy Interior Coatings for Valves and Hydrants
11. AWWA C800 - Underground Service Line Valves and Fittings
6295 -90347 / Issue for Bid 15100 -2
Packet Page -1558-
9/11/2012 Item 115.
Collier County
Livingston Road [Q Water ASR System — Well Below the USDW
C. American National Standards Institute (ANSI)
1. ANSI B1.20.1 - Specifications, Dimensions, Gauging for Taper and Straight Pipe Threads
(except dry seals).
2. ANSI B16.1 - Cast Iron Pipe Flanges and Flanged Fittings
3. ANSI B16.10 - Face -to -Face and End -to -End Dimensions of Valves
4. ANSI 1316.104 - Butterfly Valves
D. American Iron and Steel Institute (AISI)
E. Manufacturer's Standardization Society of the Valve and Fittings Industry (MSS)
1. MSS -SP -61 - Pressure Testing of Steel Valves.
2. MSS -SP -67 - Butterfly Valves.
3. MSS -SP -70 - Cast Iron Gate Valves, Flanged and Threaded Ends.
4. MSS -SP -71 - Cast Iron Swing Check Valves, Flanges and Threaded Ends.
5. MSS -SP -72 - Ball Valves with Flanged or Butt- Welding Ends for General Services.
6. MSS -SP -78 - Cast Iron Plug Valves, Flanged and Threaded Ends.
7. MSS -SP -80 - Bronze Gate, Globe, Angle and Check Valves.
8. MSS -SP -82 - Valve Pressure Testing Methods
9. MSS -SP -98 - Protective Coatings for the Interior of Valves, Hydrants and Fittings.
F. National Electrical Manufacturers Association (NEMA)
G. Underwriters Laboratories (UL)
H. Factory Mutual (FM)
I. Where reference is made io one of the above standards, the revision in effect at the time of bid
opening shall apply.
1.05 QUALITY ASSURANCE
A. Qualifications
1. Valves and appurtenances shall be products of well established firms who are fully
experienced, minimum 10 years, reputable and qualified in the manufacture of the particular
equipment to be furnished.
2. The equipment shall be designed, constructed and installed in accordance with the best
practices and methods and shall comply with this Section as applicable.
3. All units of the same type shall be the product of one manufacturer.
B. Certifications
1. The manufacturers shall furnish an affidavit of compliance with Standards referred to herein
as specified in Paragraph 1.03C above. Refer to PART 3 for testing required for certain items
in addition to that required by referenced standards.
C. Provide the services of a qualified and factory- trained service representative of the manufacturer
to provide operational and maintenance instruction, for a 1 day, 8 hour period for each type of the
following equipment:
1. Valve motor operators.
2. Air release.
6295 -90347 / Issue for Bid 15100 -3
Packet Page -1559-
9/11/2012 Item 11. F.
Collier County
Livingston Road IQ Water ASR System — Well Below the USDW
D. Inspection of the units may also be made by the ENGINEER or other REPRESENTATIVE of the
OWNER after delivery. The equipment shall be subject to rejection at any time due to failure to
meet any of the specified requirements, even though submittal data may have been accepted
previously. Equipment rejected after delivery shall be marked for identification and shall be
removed from the job site at once.
1.06 SYSTEM DESCRIPTION
A. All of the equipment and materials specified herein are intended to be standard for use in
controlling the flow of water, wastewater, raw water, sludge, air, and chemicals as noted on the
Drawings.
B. Valves, appurtenances and miscellaneous items shall be installed as shown on the Drawings and
as specified, so as to form complete workable systems.
1.07 DELIVERY, STORAGE AND HANDLING
A. Reference is made to Section 01600 for additional information.
B. Packing and Shipping
1. Care shall be taken in loading, transporting and unloading to prevent injury to the valves,
appurtenances, or coatings. Equipment shall not be dropped. All valves and appurtenances
shall be examined before installation and no piece shall be installed which is found to be
defective. Any damage to the coatings shall be repaired as acceptable to the Engineer.
2. Prior to shipping, the ends of all valves shall be acceptably covered to prevent entry of
foreign material. Covers shall remain in place until after installation and connecting piping is
completed.
a. All valves 3 -in and larger shall be shipped and stored on site until time of use with wood
or plywood covers on each valve end.
b. Valves smaller than 3 -in shall be shipped and stored as above except that heavy
cardboard covers may be used on the openings.
c. Rising stems and exposed stem valves shall be coated with a protective oil film which
shall be maintained until the valve is installed and put into use.
d. Any corrosion in evidence at the time of acceptance by the Owner shall be removed, or
the valve shall be removed and replaced.
C. Storage and Protection
1. Special care shall be taken to prevent plastic and similar brittle items from being directly
exposed to the sun, or exposed to extremes in temperature, to prevent deformation. See the
individual piping sections and manufacturer's information for further requirements.
1.08 MAINTENANCE
A. Special tools and the manufacturer's standard spare parts, if required for normal operation and
maintenance, shall be supplied with the equipment in accordance with Section 01730 and where
noted, as specified herein. Tools shall be packaged in a steel case, clearly and indelibly marked
on the exterior to indicate equipment for which tools are intended.
B. Provide one Operations and Maintenance manual for each type of valve and operator supplied
under this specification in accordance with Section 01730.
6295 -90347 / Issue for Bid 15100 -4
Packet Page -1560-
9/11/2012 Item 11.F.
Collier County
Livingston Road IQ Water ASR System— Well Below the USDW
C. included within the Operations and Maintenance manuals, provide a list of all spare and
replacement parts with individual prices and location where they are available.
1.09 VALVE DESIGNATIONS AND SCHEDULE
A. All valves shall be identified by a unique valve tag as identified in the valve schedule prepared by
the CONTRACTOR. The specific type of valve to be used will be identified by the symbol and /or
call out on the Drawings. The CONTRACTOR shall identify each valve by its assigned tag
number on all shop drawings and equipment submittals.
B. The CONTRACTOR shall refer to the P &IDs and Mechanical Plans for type of each valve called
out by abbreviation or drawing symbol. Prior to the first valve submittal, CONTRACTOR shall
submit a detailed valve schedule listing all of the process valves to be furnished along with the
Contract Drawing P &IDs edited electronically which shall include the valve tag numbers
prepared by the CONTRACTOR identifying each valve. The valve schedule shall include: valve
tag number; valve designation; valve size; end connections and operator type. The valve tag
convention shall be 4 digits long; numbering shall be linked to the P &ID Sheet on which it is
shown. Identical valves in the same position in parallel processes (EX. Pump inlet /outlet
isolation valves where there are 3 parallel pumps of same type) shall have same tag number
followed by a hyphen and quantifier -1, 2, 3 etc. Where electric, hydraulic or pneumatic
actuators are supplied their type shall be so noted with an E, H or P. Modulating duty actuators
shall be noted with an M following the actuator type notation. An excerpt of an EXAMPLE
schedule is as follows:
Valve Tag
Designation
Size
Ends
Operator Notes
1000 -1
GV1
8 -in
Flanged
Gear /Handwheel Extra description as
necessary
1000 -2
GV1
8 -in
Flanged
Gear /Handwheel
1005
PV 1
6 -in
Flanged
EM
PART 2 - PRODUCTS
2.01 MATERIALS AND EQUIPMENT— GENERAL
A. Reference is made to Division 1 for additional requirements, including nameplates, provisions for
temporary pressure gauges, protection against electrolysis and anchor bolts.
B. The use of a manufacturer's name and /or model or catalog number is for the purpose of
establishing the standard of quality and general configuration desired.
C. Valves and appurtenances shall be of the size shown on the Drawings or as noted and as far as
possible equipment of the same type shall be identical and from one manufacturer.
D. Valves and appurtenances shall have the name of the maker, nominal size, flow directional
arrows, working pressure for which they are designed and standard referenced, cast in raised
letters or via riveted stainless steel nameplate upon some appropriate part of the body.
E. Unless otherwise noted, items shall have a minimum working pressure of 150 psi or be of the
same working pressure as the pipe they connect to, whichever is higher and suitable for the
pressures noted where they are installed.
F. Joints, size and material - unless otherwise noted or required by the ENGINEER:
6295 -90347 / Issue for Bid 15100 -5
Packet Page -1561-
9/11/2012 Item 11.F.
Collier County
Livingston Road IQ Water ASR System — Well Below the USDW
1. Except where noted, all joints referred to herein shall be of the same type, nominal diameter,
material and with a minimum rating equal to the pipe or fittings they are connected to.
2. Valves and appurtenances shall be of the same nominal diameter as the pipe or fittings they
are connected to.
3. All valves (3 -in and smaller) shall have threaded ends, unless noted otherwise herein or on
the Drawings.
4. All valves 4 -in and larger shall have flanged ends or mechanical joint ends as indicated on the
Drawings.
G. Provide all special adaptors as required to ensure compatibility between valves, appurtenances
and adjacent pipe.
H. Except where otherwise provided within the following product descriptions, surface preparation
and shop coatings of valves and appurtenances shall be as provided at the end of this part.
2.02 VALVE ACTUATORS — GENERAL/ MANUAL
A. The valve manufacturer shall supply, mount and test all actuators on valves at the factory. The
valves and their individual actuators shall be shipped as a unit.
B. Unless otherwise noted on the Drawings, valves shall be manually actuated. Non - buried valves
shall have an operating wheel, handle or lever mounted on the operator. Those with operating
nuts shall have anon- rising stem with an AWWA 2 in nut. At least two tee handles shall be
provided for all operating nuts. Unless otherwise noted, operation for all valves shall be CCW
open.
C. All actuators shall be capable of moving the valve from the full open to full close position and in
reverse and holding the valve at any position part way between full open or closed.
D. Each operating device shall have cast on it the word "OPEN" and an arrow indicating the
direction of operation.
E. All position indication and direction of opening arrows shall be embossed, stamped, engraved,
etched or raised castings. Decals or painted indications shall not be allowed.
F. Unless otherwise noted, all valves larger than 3 in nominal diameter shall be provided with
position indicators at the point of operation.
2.03 BUTTERFLY VALVES
A. Butterfly valves and operators for low pressure air piping shall conform to the AWWA C504,
except as specified herein. Valves shall have a minimum 150 psi pressure rating and be equal to
those manufactured by Henry Pratt; M &H or DeZurik valve companies.
B. Butterfly valves shall be flanged end with face to face dimensions in accordance with Table 2 of
above mentioned AWWA standards for short -body valve, or wafer type.
C. Valve seats shall be full resilient seats retained in the body or on the disc edge in accordance with
Section 8 of the above mentioned AWWA standards. If the resilient seat is in the body, the disc
shall be of cast ni- resist conforming to ASTM A436 Type l with the periphery machined to a
smooth spherical surface. If the resilient seat is mounted on the disc edge it shall be held in place
by a one -piece Type 304 stainless steel retaining ring and stainless Nylock screws, the disc shall
be of ASTM A48, Class 40 cast iron and a mating Type 304 stainless steel ring shall be installed
6295 -90347 / Issue for Bid 15100 -6
Packet Page -1562-
9/11/2012 Item 115.
Collier County
Livingston Road IQ Water ASR system — Well Below the USDW
in the valve body. Resilient seats shall be Hycar or equal for water service and Nordel or equal
for air service. Resilient seats in valves for air service shall be mounted in the body only.
D. The valve body shall be constructed of close grain cast iron per ASTM A 126, Class B with
integrally cast hubs for shaft bearing housings of the through boss -type. Permanently
self - lubricating body bushings shall be provided and shall be sized to withstand bearing loads.
Stuffing box of liberal dimensions shall be provided at the operator end of the vane shaft,
arranged so that the packing can be replaced by removing the bronze follower without removing
the operator. Packing shall be of the Chevron type as manufactured by Garlock Packing
Company. A sealing element utilizing 0-rings shall also be acceptable.
E. The valve shaft shall be of Type 304 stainless steel and designed for both torsional and shearing
stresses when the valve is operated under its greatest dynamic or seating torque.
F. In general, the butterfly valve operators shall conform to the requirements of Section 3.8 of
AWWA C504, insofar as applicable and as specified herein.
G. Gearing for the operators where required shall be totally enclosed in a gear case in accordance
with Section 3.8.3 of AWWA C504 standard.
H. The manual operators shall conform to Section 3.8.1 of AWWA C504 standard, insofar as
applicable. Valves shall have handwheel or lever operators and open left, or counterclockwise.
Operators shall have indicators to show position of the valve disc. Operators shall be rigidly
attached to the valve body.
2.04 PLASTIC BALL VALVES
A. Ball valves for PVC pipe shall be of PVC Type 1 with socket or flanged ends as required. Valve
bodies shall be double union type. PVC ball valves shall be as manufactured by Heyward, Aashi
America or approved equal. All valves shall be mounted in such a position that valve position
indicators are plainly visible.
2.05 BALL CHECK VALVES
A. Check valves for PVC pipe shall be of PVC Type 1, Series BC with socket or flanged ends as
required. Valve bodies shall be union type. PVC ball check valves shall be as manufactured by
Celanese Piping Systems, Inc.; Wallace and Tiernan Inc. or equal.
2.06 1ANCH AUTOMATIC AIR RELEASE VALVES
A. Air release valves shall exhaust accumulated air from the system while under pressure. The valve
shall be capable of venting air; closing only after all the air has been vented. The valve shall
continue to release small quantities of air under pressure as often as needed to keep the system
free of accumulated air. The valve shall be equipped with vacuum check valve on the air outlet
and will not admit air to re -enter during vacuum conditions.
B. Air valves shall be of the size shown on the plans.
C. The body shall be made of high strength plastic, and all operating parts are made of specially
selected corrosion resistant materials. The valve shall be equipped with a drainage outlet
enabling the removal of excess fluids. Air release orifice shall be 12 mm2 and suitable for 150
PSI maximum working pressure. Screens shall be installed on the opening of all air release
valves. Valve shall be equipped with a strainer.
6295 -90347 / Issue for Bid 15100 -7
Packet Page -1563-
9/11/2012 Item 11.F.
Collier County
Livingston Road IQ Water ASR System — Well Below the USDW
D. Valves 3 -inch size and smaller shall have a threaded inlet connection, and larger valves shall have
a flanged inlet faced and drilled per ANSImB 16.1 Class 250.
E. One -inch NAT inlet and outlet shall be provided, unless otherwise specified in the drawings.
F. Connections from corporation stops to air release valves shall be brass for rigidity.
G. Automatic air release valves shall be manufactured by ARI Model D -050 VAC, or approved
equal.
2.07 FLOWMETER
A. Provide 3 -inch electromagnetic type meter with flanged ends for 150 psi working pressure. The
meter shall be capable of accurately recording flows from 30 to 200 gpm. The meter shall register
flows within +/ -0.75% accuracy at normal and high flows and better than 95% accuracy at low
flows. The meter shall be suitable for continuous submergence. The meter must be suitable for
conveying brackish raw well water with chloride concentrations of 2,500 mg /1 and TDS
concentrations of 4,900 mg /l. A letter from the manufacturer certifying the meter is suitable for
the water service intended for this project will be required.
B. The meter tube shall be 316 stainless steel pipe and use 150 lb. ANSI 1316.1 Class 125 standard
epoxy coated flat face cast iron. The body shall be 304 stainless steel. The internal liner shall be
polyethylene epoxy. The electrodes shall be 316 stainless steel. The register shall be stainless
steel with a glass cover with a UV resistant plastic lid on the housing cover.
C. The meter indicator shall be visually read only display with no output communications. The
meter shall have a IP68 hermitically sealed indicator unit Waterproof to 30 -ft depth. The LCD
indicator shall display totalized volume in gallons and shall display flowrate in gpm, low battery,
and indicate when there is no water in the pipe.
D. The meter shall be battery powered only designed for 10 -years of continuous operation with no
battery changes necessary.
E. The volumetric testing of all meters must be performed and approved prior to shipment. The
testing will be conducted in accordance to AWWA testing procedure, rates, and volume. The
amount of water used to conduct the test shall be left on the totalizer. Prior to shipping, a tag
shall be attached to the meter showing the totalizer reading after testing. The test facility must be
certified annually to an accuracy of +-0.25% and be traceable to the National Institute of
Standards and Technology. If desired, the test can be witnessed by the Owner or their selected
agent. Certified accuracy test records will be furnished at no charge.
F. Provide a five year warranty for all components. Provide training to OWNER from
manufacturer's representative on the operation and maintenance of the meter. Supplier must have
test facilities, spare parts, personnel to maintain, instruct, train or whatever is necessary to assure
meters will be maintained throughout the guarantee period. The meters shall be manufactured and
tested in the U.S.A.
G. The meter shall be as manufactured by Elster AMCO Water Inc. 3- inch Model evoQ4, or
approved equal.
2.08 SURFACE PREPARATION AND SHOP COATINGS
6295 -90347 / Issue for Bid 15100 -8
Packet Page -1564-
9/11/2012 Item 11.F.
Collier County
Livingston Road IQ Water ASR System — Well Below the USDW
A. Except where otherwise provided within the preceding product descriptions, surface preparation
and shop coatings of valves and appurtenances shall be as provided below.
B. The interior ferrous metal surfaces and stainless steel surfaces, except finished or bearing
surfaces, shall be blast cleaned in accordance with SSPC SP -10 and painted with two coats of an
approved fusion bonded epoxy coating specifically formulated for potable water use. The coating
shall be NSF certified to Standard 61.
C. Exterior ferrous metal surfaces of all buried valves and hydrants shall be blast cleaned in
accordance with SSPC SP -6 and given two shop coats of an approved fusion bonded epoxy
coating.
D. Exterior ferrous metal surfaces of all nonburied valves shall be shop painted with one coat of
primer in accordance with the requirements of Section 09901.
PART 3 — EXECUTION
3.01 INSTALLATION
A. All valves and appurtenances shall be installed in the locations shown, true to aligmnent and
rigidly supported. Any damage to the above items shall be repaired to the satisfaction of the
ENGINEER before they are installed.
B. After installation, all valves and appurtenances shall be tested at least 2 hours at the working
pressure corresponding to the class of pipe, unless a different test pressure is specified. if any
joint proves to be defective, it shall be repaired to the satisfaction of the ENGINEER. See piping
specifications for field test pressure.
C. Install all floor boxes, brackets, extension rods, guides, the various types of operators and
appurtenances as shown on the Drawings that are in masonry floors or walls, and install concrete
inserts for hangers and supports as soon as forms are erected and before concrete is poured.
Before setting these items, the CONTRACTOR shall check all plans and figures which have a
direct bearing on their location and he shall be responsible for the proper location of these valves
and appurtenances during the construction of the structures.
D. Flanged joints shall be made with high strength, low alloy Corten bolts, nuts and washers.
Mechanical joints shall be made with mild corrosion resistant alloy steel bolts and nuts. All
exposed bolts shall be painted the same color as the pipe. All buried bolts and nuts shall be
heavily coated with two (2) coats of bituminous paint comparable to Kop -Coat No. 66 Special
Heavy.
E. Prior to assembly of split couplings, the grooves as well as other parts shall be thoroughly
cleaned. The ends of the pipes and outside of the gaskets shall be moderately coated with
petroleum jelly, cup grease, soft soap or graphite paste, and the gasket shall be slipped over one
pipe end. After the other pipe has been brought to the correct position, the gasket shall be
centered properly over the pipe ends with the lips against the pipes. The housing sections then
shall be placed. After the bolts have been inserted, the nuts shall be tightened until the housing
sections are firmly in contact, metal -to- metal, without excessive bolt tension.
F. Prior to the installation of sleeve -type couplings, the pipe ends shall be cleaned thoroughly for a
distance of 8 inches. Soapy water may be used as a gasket lubricant. A follower and gasket, in
that order, shall be slipped over each pipe to a distance of about 6 inches from the end, and the
6295 -90347 / Issue for Bid 15100 -9
Packet Page -1565-
9/11/2012 Item 11.F.
Collier County
Livingston Road IQ Water ASR System — Well Below the USDW
middle ring shall be placed on the already laid pipe end until it is properly centered over the joint.
The other pipe end shall be inserted into the middle ring and brought to proper position in relation
to the pipe already laid. The gaskets and followers shall then be pressed evenly and firmly into
the middle ring flares. After the bolts have been inserted and all nuts have been made up
fingertight, diametrically opposite nuts shall be progressively and uniformly tightened all around
the joint, preferably by use of a torque wrench of the appropriate size and torque for the bolts.
G. Valve boxes with concrete bases shall be installed as shown on the Drawings. Mechanical joints
shall be made in the standard manner. Valve stems shall be vertical in all cases. Place cast iron
box over each stem with base bearing on compacted fill and top flush with final grade. Boxes
shall have sufficient bracing to maintain alignment during backfilling. Knobs on cover shall be
parallel to pipe. Remove any sand or undesirable fill from valve box.
3.02 SHOP PAINTING
A. Ferrous surfaces of valves and appurtenances shall receive a coating of rust - inhibitive primer as
specified in Section 09901. All pipe connection openings shall be capped to prevent the entry of
foreign matter prior to installation.
3.03 FIELD PAINTING
A. All metal valves and appurtenances specified herein and exposed to view will be painted as part
of the work in Section 09902. The paint for the prime and finish coat shall be compatible.
3.04 INSPECTION AND TESTING
A. Completed pipe shall be subjected to hydrostatic pressure test for 2 hours at full working
pressure. All leaks shall be repaired and lines retested as approved by the ENGINEER. Prior to
testing, the gravity pipelines shall be supported in an approved manner to prevent movement
during tests.
B. Valves shall be supported to avoid placing loads on connecting piping until backfill or pipe
supports are completed.
END OF SECTION
6295 -90347 / Issue for Bid 15100 -10
Packet Page -1566-
9/11/2012 Item 115.
ADDENDUM NO. I
TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS
DATED JUNE 2012
LIVINGSTON ROAD 1Q WATER ASR SYSTEM — WELL BELOW THE USDW
On the Drawings:
Sheet G -1 — Index, Note, Legend and Abbreviations, Note 8, after .. "QUALTY CONTROL
AND" delete "022501 LEAKAGE TESTS FOR TESTING OF GRAVITY LINES" and replace
with "SECTION 02622 POLYVINYL CHLORIDE (PVC) PIPE."
In the Specifications:
1. Section 01005, 1.07, A, 2
Add new paragraph as follows:
4'2. See Drawings and Section 01050 for professional field survey requirements to be
provided by the CONTRACTOR. All field survey shall be provided in
accordance with the minimum professional survey standards as specified in
Section 01050."
2. Section 01005, 1.07, C, 1
Delete paragraph I in its entirety and replace with the following new paragraphs:
441. All elevations indicated or specified refer to the National Geodetic Vertical
Datum of 1929 per the Reclaimed Water Aquifer Storage & Recovery System
Record Drawing PUED Project No. 474030, August 2008, Water Resource
Solutions /Entrix, Inc.
2. No attempt has been made to verify the elevations shown on the Drawings. See
the Drawings for the survey and survey submittal to be provided by
CONTRACTOR prior to construction."
3. Section 01005, 1.09, C, 3
Delete paragraph 3 in its entirety and replace with the following new paragraphs:
"3. Methods, Equipment, and Materials Description Plan: Prior to mobilization, the
CONTRACTOR shall submit detailed description of methods, equipment, and
materials to be used for the project.
Descriptions of equipment shall include Manufacturers' specifications,
calibrations, appropriate drawing, photographs, and descriptions of any
modifications since manufacture. This plan shall also include the
CONTRACTOR's means for complying with all local noise ordinances and
project specific noise requirements, including sound attenuation as necessary. At
no time shall noise from the project, measured at the fence line, exceed 60 dB
Packet Page -1567-
9/11/2012 Item 11.F.
(A) or 72 dB (C) (as provided for residential zoning in the Collier County Code
of Ordinances, Part I, Chapter 54 Environmental, Article IV). For work outside
of the hours of 7 a.m. to 7 p.m., Monday through Saturday, noise from the
project, measured at the eastern fence line, shall not exceed 55 dB (A) or 67 dB
(C) (as provided for residential zoning in the Collier County Code of Ordinances,
..Part 1, Chapter 54 Environmental, Article IV). Please note that the eastern
property line is approximately 350 feet from the well site. The CONTRACTOR
will not be allowed to mobilize until the ENGINEER and OWNER approve the
plan.
Once equipment is mobilized to the site and prior to start of work, the
CONTRACTOR will be responsible for establishing a noise recording device at
the closest property line to monitor noise levels and confirm that the noise levels
established for the project are not exceeded. A copy of the noise ordinance is
attached."
4. Section 01050, 1.0 1, B, add new paragraph 5 as follows:
"5. See the Drawings, Sheet C -1, Note 2 for requirements of a full topographic
survey, horizontal control, boundary survey and survey baseline for the layout of
the proposed MW Discharge pipeline to be performed and submitted to the
OWNER and ENGINEER prior to any construction activities."
5. Section 01050, 1.03, A, add new paragraph A as follows and renumber remaining paragraphs.
"A. Prior to any construction activities, submit full topographic survey, horizontal
control, boundary survey and survey baseline for the MW Discharge pipeline for
review."
6. Section 02622, add new paragraph 3.06 and renumber remaining paragraph.
"3.06 TESTING GRAVITY DRAIN PIPELINES
A. Testing and cleaning of pipe shall be as specified in Section 01445. All tests shall
be conducted in the presence of the ENGINEER. Furnish all necessary equipment
and labor for carrying out the specified tests.
7. Section 02864, 1.01, delete paragraph E in its entirety and replace with the following:
"E. Water produced during the test will be discharged to the existing 4" PVC wastewater
forcemain on the Livingston Road IQ Water ASR Site through the discharge piping of the
lift station. The maximum flow rate through the pipeline shall be 600 gpm. The
maximum pressure shall not exceed 120 PSI. The Contractor may utilize the on -site
reject water pond, which can accommodate up to 38,000 gallons, for equalization of
flows going to the 4" PVC wastewater forcemain."
8. Section 02851, 3.01, delete paragraph B in its entirety with no replacement.
Packet Page -1568-
9/11/2012 Item 115.
9. Section 02933, delete in its in their entirety with no replacement.
10. Section 09901, 2.03, B, 1 after "Exterior" add (including ASR MONITORING WELL
DUCTILE IRON PIPE AND FLANGES)"
11. Section 09901, 2.03, C Add new paragraphs C and D as follows and renumber remaining
paragraph,
"C. Above Ground PVC Pipe - Clean, Prepare Surface, Prime and Paint PVC piping
as follows:
Surface Preparation: SSPC -SPI and scarify
I st Coat: Tnemec Series N69 (2.0 — 3.0 mils DFT)
2nd Coat: Tnemec Series 73 (2.0 — 3.0 mils DFT)
D. Exterior Monitoring Well Ferrous Metals
Surface Preparation:
Stripe Coat:
Primer:
Int. Coat:
Topcoat:
Min total DFT for 3 Coats:
SSPC -SP6
Series 90 -97 (2.5 - 3.5 mils DFT) applied by
brush over weld seams
Series 90 -97 (2.5 - 3.5 mils DFT)
Series N69 (3.0 - 5.0 mils DFT)
Series 73 (2.0 - 3.0 mils DFT)
9.5 mils"
12. Section 15100, delete in its entirety and replace with the attached Section 15100
Packet Page -1569-