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Agenda 10/23/2012 Item #16A8 10/23/2012 Item 16.A.8. EXECUTIVE SUMMARY Recommendation to approve a sand delivery and placement contract to Eastman Aggregate Enterprise LLC for a combination unit cost/lump sum price of$430,828 and to Stewart Mining for a direct purchase of 33,600 tons of sand for a cost of$243,600 for the Vanderbilt and Naples Beach Emergency Beach Renourishment project and approve all necessary budget amendments. The total cost of this project is $674,428. OBJECTIVE: To accomplish the emergency renourishment of beach from La Playa (Monument R26) to just south of the Ritz (Monument R30) approximately 4,000 linear Feet (LF) on Vanderbilt Beach and in Naples from Lowdermilk Park (Monument R61) to just south of the Naples Golf and Beach Club (Monument R63.5) or 2,500 LF of beach. CONSIDERATIONS: At the September 25, 2012 Board of County Commissioners (BCC) meeting the BCC approved the Vanderbilt and Naples Beach Emergency Beach Renourishment using a truck haul from an inland sand source and directed the County Manager and the County Attorney to provide a Resolution for BCC approval. At the October 9, 2012 meeting, the BCC approved Resolution 12-177, made a finding that these beaches are critically eroded, that TDC funds are authorized for renourishment, to allow an expedited competitive process to renourish these beaches, to authorize the County Manager or his designee to approve the contract but not issue the Notice-to-Proceed until contract ratification by the Board, authorize the expenditure of up to $650,000 Category A Tourist Development Funds, and request authorization of any necessary budget amendments (Resolution 12-177 attached). ITB 13-5994 was posted on the Collier County Purchasing online bidding website on October 4, 2012. In the solicitation document, Collier County reserved the right to direct purchase the sand from the mine in order to save State Sales Tax. One-thousand-six-hundred-forty-five (1,645) vendors subscribed to the solicitation, 48 vendors downloaded the plans and specifications and three vendors submitted bids. The bid tabulation is as follows: • Eastman Aggregate Enterprise LLC - $748,734.00 • Earth Balance - $784,828.00 • Phillips &Jordan- $828,470.82 In accordance with Section XI of the County's Purchasing Policy, Earth Balance claimed Local Vendor Preference and was within 10% of the low bidder. Earth Balance agreed to match the low bidder of$748,734.00. Once the right to match was completed staff negotiated with Earth Balance. Earth Balance would only reduce their price to $725,907.00 Packet Page-1370- 10/23/2012 Item 16.A.8. Since all bidders exceeded the estimated cost of $650,000, and in accordance with Section VI.D.2 of the County's Purchasing Policy, staff negotiated a sand delivery and placement price with Eastman Aggregate Enterprise LLC for a combination unit cost/lump sum price of $430,828. Staff determined that the only ability to accomplish the project was to also negotiate a direct purchase of 33,600 tons of sand from Stewart Mining's Immokalee mine for a cost of $243,600. The total cost of this project is $674,428. This exceeds the estimated cost by $24,428. Earth Balance, the local vendor declined to match Eastman Aggregate Enterprises, LLC price of $430,828 to accomplish this work. It should be noted that Eastman Aggregate Enterprise LLC successfully completed the last truck haul renourishment project. FISCAL IMPACT: This project is not contained within the adopted Fund (195) beach renourishment/pass maintenance budget. A FY 2013 Fund (195) budget amendment will be required moving $674,500 from reserves to the appropriate project funded program. The following table depicts the funds reserve position before and after funding of this project. Current Amended Reserve Description Budget Change Budget Contingency/Unrestricted Reserve 921,600 (674,500) 247,100 Cap-Reserve for Catastrophe 5,500,000 5,500,000 Cap-Reserve for Pier 79,000 79,000 Cap-Reserve for Future Beach Renour 14,000,000 14,000,000 Reserve-FDEP Refunding 4,900,000 4,900,000 Total Reserves 25,400,600 24,726,100 Truck Haul Project 674,500 I 674,500 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTE RECOMMENDATIONS: At the September 13, 2012 Coastal Advisory Committee (CAC) meeting, the emergency truck haul was recommended for approval by an 8 to 1 vote. At the September 24, 2012 Tourist Development Council (TDC) meeting, the emergency truck haul was recommended for approval by a 7 to 0 vote. At the October 9, 2012 BCC meeting, the BCC approved moving forward with this project by 5-0 vote on the Consent Agenda. Packet Page-1371- 10/23/2012 Item 16.A.8. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG RECOMMENDATION: Approve and authorize a sand delivery and placement contract to Eastman Aggregate Enterprises, LLC for a combination unit cost/lump sum price of $430,828 and to Stewart Mining for a direct purchase of 33,600 tons of sand for a cost of$243,600 for the Vanderbilt and Naples Beach Emergency Beach Renourishment project and approve all necessary budget amendments. The total cost of the project is $674,428. PREPARED BY: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department, Growth Management Division. ATTACHMENTS: 1) 12-177 Resolution 2) Bid Tabulation 3) 13-5994 Contract Packet Page-1372- 10/23/2012 Item 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8. Item Summary: Recommendation to approve a sand delivery and placement contract to Eastman Aggregate Enterprise LLC for a combination unit cost/lump sum price of$430,828 and to Stewart Mining for a direct purchase of 33,600 tons of sand for a cost of$243,600 for the Vanderbilt and Naples Beach Emergency Beach Renourishment project. The total cost of this project is $674,428. Meeting Date: 10/23/2012 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager,CMO 10/17/2012 11:36:07 AM Submitted by Title: Executive Secretary to County Manager,CMO Name: BrockMaryJo 10/17/2012 11:36:08 AM Approved By Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 10/17/2012 2:26:57 PM Name: KlatzkowJeff Title: County Attorney Date: 10/17/2012 3:22:44 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/17/2012 3:55:30 PM Packet Page-1373- -17LEI- aSedlalDed 0 co M a a) W O co 81 � o 0 m Z N U O Z 10 O O O f/) a0 N ca v u1 O O O lO n 01 a0 N C Q lD a N h D O 0. O co N N N m d N N O v N d - aa LS i N y N ' a v m ..n) Ls) u) Cal in ' ' ' • ' } = N N Vf UO CO -5 7 F- O O o o 0 C C D O 0 0 E F w O Ol O V O u1 O CO N N N N N N N N ul et '-i co N CD co et a) a) a) a) a) a) a) a) e .e•6 la:} N N N .0. ^ >- r - >- >- >->-} V 3 10 V1 an. 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GP Puithasing st Emergency Beach Restoration Truck Haul COLLIER COUNTY BID NO. 13-5994 COLLIER COUNTY, FLORIDA Scott Johnson, Procurement Strategist Email: scottjohnson @colliergov.net Telephone: (239) 252- 8995 FAX: (239) 252 -6588 Design Professional: Coastal Planning & Engineering, Inc. „I I,, Pulsing Deponent.3327 Tamiar&Trail East•Napes,Florida 34112.4901 vow colliergov.net/purchasing 1 Construction Services Agreement:Revised 08/15/2012 Packet Page-1375- 10/23/2012 Item 16.A.8. TABLE OF CONTENTS PUBLIC NOTICE 4 PART B -INSTRUCTIONS TO BIDDERS 6 CONSTRUCTION BID 15 BID SCHEDULE 16 MATERIAL MANUFACTURERS 17 LIST OF MAJOR SUBCONTRACTORS 18 STATEMENT OF EXPERIENCE OF BIDDER 20 TRENCH SAFETY ACT 21 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 22 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 23 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W- 9 24 BID BOND 28 BIDDERS CHECK LIST 30 CONSTRUCTION AGREEMENT 32 Atow EXHIBIT A 1: PUBLIC PAYMENT BOND 40 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 43 EXHIBIT B: INSURANCE REQUIREMENTS 46 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 50 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 51 EXHIBIT E: CHANGE ORDER 55 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 57 EXHIBIT G: FINAL PAYMENT CHECKLIST 59 EXHIBIT H: GENERAL TERMS AND CONDITIONS 60 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 92 EXHIBIT J: TECHNICAL SPECIFICATIONS 93, EXHIBIT K: PERMITS 94,. EXHIBIT L: STANDARD DETAILS 95 EXHIBIT M: PLANS AND SPECIFICATIONS 96 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 97 ems. 2 Construction Services Agreement:Revised 08/15/2012 Packet Page-1376- 10/23/2012 Item 16.A.8. 3 Construction Services Agreement:Revised 08/15/2012 Packet Page-1377- 10/23/2012 Item 16.A.8. Co County Aidninissatite_S Purchasing PUBLIC NOTICE INVITATION TO BID Emergency Beach Restoration —Truck Haul COUNTY BID NO. 13-5994 Separate sealed bids for the construction of Emergency Beach Restoration — Truck Haul, 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 2:30 P.M. LOCAL TIME, on the 15th day of October, 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Emergency Beach Restoration — Truck Haul Bid No. 13- 5994 and Bid Date of October 15, 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 Atisiso shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid 4 Construction Services Agreement: Revised 08/15/2012 Packet Page-1378- 10/23/2012 Item 16.A.8. Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as,it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within forty (40) 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 4th day of October, 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 5 Construction Services Agreement:Revised 08/15/2012 Packet Page-1379- 10/23/2012 Item 16.A.8. 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 6 Construction Services Agreement: Revised 08/15/2012 Packet Page-1380- 10/23/2012 Item 16.A.8. 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 Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 7 Construction Services Agreement:Revised 08/15/2012 Packet Page-1381- 10/23/2012 Item 16.A.8. 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 8, Construction Services Agreement:Revised 08/15/2012 Packet Page-1382- 10/23/2012 Item 16.A.8. to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities- 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the 9 Construction Services Agreement:Revised 08/15/2012 Packet Page-1383- 10/23/2012 Item 16.A.8. actual number of units installed for the Work. Bids shall be compared on the basis of Alok 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 notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http://www.colliergov.net/Index.aspx?page=762. 10 Construction Services Agreement:Revised 08/15/2012 Packet Page-1384- 10/23/2012 Item 16.A.8. 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.orq/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- and the lowest local bidder are in fact qualified and responsive bidders. Next, the 11 Construction Services Agreement:Revised 08/15/2012 Packet Page-1385- 10/23/2012 Item 16.A.8. Purchasing Department shall determine if the lowest local bidder meets the Amok requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the • local bidder. If the lowest local bidder declines or is unable to match the lowest non. local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Awikk 12 Construction Services Agreement:Revised 08/15/2012 Packet Page-1386- 10/23/2012 Item 16.A.8. 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 specified period of time, including but not limited to: submitting bids, RFP, and/or 13 Construction Services Agreement:Revised 08/15/2012 Packet Page-1387- 10/23/2012 Item 16.A.8. quotes; and, c. immediate termination of any contract held by the individual and/or firm odook 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." 14 Construction Services Agreement:Revised 08/15/2012 Packet Page-1388- 10/23/2012 Item 16.A.8. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS ' COLLIER COUNTY, FLORIDA Emergency Beach Restoration—Truck Haul ' BID NO. 13-5994 Full Name of Bidder Ec crmc,-, e\r ncx.A"e to f,��15PS ��C Main Business Address 3-1() c'�e\\e jth-€ AVe •, L6.,6 l.004 33-1(.° Place of Business 3'103 :e\\e�u e -v-e.i L Ke 1, r' � 3 3`-{(, Telephone No. - �it��- 1 y p ,��1 Fax No. SCo t - 3`{ -3 k�--� ' State Contractor's License# to 2L () State of Florida Certificate of Authority Document Number L Xxy)tots\l_1 U 1 Federal Tax Identification Number 2) - N.55 (0-1L4 C. 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. 15 Construction Services Agreement:Revised 08/15/2012 Packet Page-1389- tCollier County Online Bidding System- Submit Bid Online 10/23/2012 Item 16.A.8. I M . art y � aa titio 5, Amok " iu c Submit Bid Online I 8 r Active Solicitation Title:Emergency Beach Renourshment-Truck Haul(No Pre-bid Expired Solicitation Number:13-5994 I !• Solicitation Summary I Soedficatlons.Terms,and Conditions i gm I Submit Bid Online My Current Solicitations My Profile Please scroll down to fill in your bid and review our disclaimers In detail. My Commodities City:Collier County Purchasing Logout Contact:Scott3ohnson(dlcollieroov.net I Solicitation Starts:Thursday,October 04,2012 12:00:00 PM Eastern Solicitation Ends:Monday,October 15,2012 2:10: 0PM Eastern Submission Method:Electronic Commodity Subcommodity i !General Contractor (Unspecified) I Trucking,Dump (Unspecified) iD edging Service r (Unspecified) j Beach Cleaning/grading (Unspecified) File Requested File File Title --1 Bid Bond Y___._—..__._._._ Bid Submission I Insurance Beowea.., I ',Local Preference .�. c&01 ^ } ..._. � ._.. •Input 0 if the cost of the Item is included. I i Item No. Estimated Quantity Unit of Measure Description Unit__Price Item Total ;1 1 Lump Sum Mobilization/Demobilization $50170.0• $50,170.00 I.12 33600 Tons Sand Purchase $8.48 • $284,928.00 i3 16800 Tons Naples Sand Delivery,Fill,Placement,and Grading $11.45 • $192,360.00 I 14 16800 Tons Vanderbilt Sand Delivery,Fill,Placement,and Grading $11.45 • $192,360.00 'I 5 20 Sample Laboratory Analysis of Sand $294.55 • $5,891.00 ■ 6 1 Lump Sum Pre-and Post-Construction Surveys $15120.0• $15,120.00 I ;7 1 Lump Sum _Maintenance of Traffic. $7905.00• $7,905.00 Grand Total$748,734.00 I Calwlaat IDisclaimer By using the Collier County Online Bidding System,you are affirming that you are duly authorized to submit this bid,that this bid has not been prepared In I collusion with any other bidder,and that the contents of this bid have not been communicated to any other bidder prior to the official due date and time. Furthermore,you are acknowledging that you have read,understood,and accept the terms and conditions of this solicitation and that your bid meets or exceeds the minimum specifications contained In this invitation to bid. 0 I agree. I Sid Document(downloaded) M I have downloaded and read the above document. plans&Specifications(downloaded) I23 I have downloaded and read the above document. [;:Confirm Bid ][Cancel.) IOnline Bidding System Version 1.0 created by Vision Internet I I #111 IPacket Page-1390- http://bid.colliergov.net/bid/submit.asp?id=i f'I',..1 All—11-71...,1-4D9A-9337-AD2OBB9FB2... 10/12/2012 • 10/23/2012 Item 16.A.8. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. 1 Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: E aSkIYic q j(P a}-e n pr scs Lt, C. Signature: v.11 Date: '(.2/1.2-I (L Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. • 3. 4. All Mr 5. Please insert additional pages as necessary. Company: Signature: Date: r 17 Construction Services Agreement:Revised 08/15/2012 Packet Page-1391- ' 10/23/2012 Item 16.A.8. 1 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. N Major Category of Work Subcontractor and Address ' 1. Electrical 2. Mechanical 3. Plumbing ' 4. Site Work 5. Identify other subcontractors that ' represent more than 10% of price or that affect the critical path ' of the schedule 6. Identify other subcontractors that ' represent more than 10% of price or that affect the critical path ' of the schedule 7. Identify other subcontractors that ' represent more than 10% of price or that affect the critical path 18 Construction Services Agreement:Revised 08/15/2012 1 Packet Page-1392- 10/23/2012 Item 16.A.8. ' of the schedule 8. Identify other ' subcontractors that represent more than 10% of price or that ' affect the critical path of the schedule • 9. Identify other ' subcontractors that represent more than 10% of price or that ' affect the critical path of the schedule 10. Identify other ' subcontractors that represent more than 10% of price or that Iaffect the critical path• of the schedule Company: EG.S w("■ ( `c YeG C/A-e L'n\-cre n s-eS LL G Signature: `�F'�`�_ Date: 10112 J It- 1 1 1 19 Construction Services Agreement:Revised 08/15/2012 Packet Page -1393- • I 10/23/2012 Item 16.A.8. I 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. IProject and Location Reference 1 Hir •mtGch EvS■al tCrst►'bt Caraeror, WhrnorC. rA C 041e PaArt+-1,), e-6ACC ' ' (030 - t (1 9. "1 k 2. Villa r o{- 1 j► ca n -Sohn, G;11!jer+- ecc., "�a rishM-ems ��ec-i- ' (,)S 3i05 ~5 51 Li 3. Av r►sv,rn-en k- ' ct5L1 • qz1- 39 av 4. IT ue \e✓ BeUGh -un,e t �TW--1 t)'� Kf6.4\0e vl i 5\w p 1 5Lp1 - 233- ,V-too I 5 Napo s ? rnn 0-6 r--r-k%ho'l 6cAri tAc, e I .23cA - 25z- 0/cilt Le 6. COCo iturr Som1p(evv $-each Sus-\ rra$ kicixt.s rr en-1- ;ro jec-X 305• -1(-1 3 00 3 3 ' Company: EaSAYY10,0 "P. +e -1, ,e,-;,c& , Li_c_. Signature: )0 , Date: toil/ II it-. 1 I 20 Construction Services Agreement Revised 08/15/2012 IPacket Page-1394- 1 1 10/23/2012 Item 16.A.8. TRENCH SAFETY ACT 1 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: 1 Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost I (Description) (LF,SY) I 1. OA N,A N\A OA N ` 2. I 3. \/ \\/ 1 4. 5. . /. I • TOTAL $ () IFailure to complete the above may result in the Bid being declared non-responsive. I 1 Company: 'EQ C v- Acs Jre 0....--e EoAtirp j LLC: Signature: Date: 1()/ 12-1 it- I • I I I I I 1 21 Construction Services Agreement:Revised 08/15/2012 1 Packet Page-1395- 10/23/2012 Item 16.A.8. C oIC�er Cam' Adntirtistrative Services oivisim Purchasing AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION#13-5994(CHECK APPROPRIATE BOXES BELOW) p ' State of Florida(Select County if Vendor is described as a Local Business V \\°1- ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a 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. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees(Including Owner(s) or Corporate Officers): Number of Employees Living in ❑Collier County or❑ Lee(Including Owner(s)or Corporate Officers): If requested by the County,vendor will be required to provide documentation substantiating the information given in this ' affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA: ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County,on this ,Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 22 Construction Services Agreement:Revised 08/15/2012 Packet Page-1396- 1 I 10/23/2012 Item 16A8. IColter county Administrative Setvices Division P iImmigration Law Affidavit Certification • Solicitation: 13-5994 IThis 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 I enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ IBidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien I 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 I 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. I Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequentAmendment(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 t,, Vendor's/Bidder's proposal. Company Name L'aS3S- 1 ,�r, Pl (rea-f--e Er krO(i s / L(' . �1 IPrint Name r Icck 'D. �c;�,- -y�cA r, Title 1_"�(,�ft tC�C ii n U, t �.��t►'�b-✓"' Signature Date 9 0_i 1`-1' State of C\oc-tcva. ICounty of'))11) `pa(i) The fore ' g instrument was eigned and acknowledged before me this 1 day of U , I 20 r)( n4 �Q , by r n rQ N (print or type name)who has produced -C:560 q jniil / type of identification and number)as identification. I II .a/ JI II k ..i . Not Public Signa ure �Vi) m C /J 4 '" ; LYNN M OIWIOSWi � Zvi ■ 1 rs,iA ► -:I.� s I Printed Name of Notary Public I ', . Up mom.Wm 5N 10,2018 • 4 '4,4,:—/ (:'-j' C mmI.sion#EE$33E60 ( EF n2(c)o I 2.19 16 11140.Notary Commission Number/Exiration emPIORIPIIIPIPRIPRI I The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of 9 9 � Y q Y this affidavit to interrogatories hereinafter made. I 23 Construction Services Agreement:Revised 08/15/2012 IPacket Page-1397- EmployerWizard 10/23/2012 Item 16.A.8.. ,..,.........„..„.. ,,,,L,.,,,, Y a ;�% �,,,pn, I . Welcome User lO Last Login Employment Eligibility Verification Lisa Eastman LEAS3719 08:50 AM 10/11/2012 Log Out 6'11Ck ® ' `__.rx.r., a,. r ;c,,p ; g ,,?S,m .,r aw i :. .1rfr,:%?iitki.t i a:zc'A41,, nx1,''A.9h>4.I Home Company. Information I My Cases `. ..__ Y.._____ New Case 1 View Cases j Company Name: Eastman Aggregate Enterprises,LLCe ;/ ! a ,w I Search Cases Company ID Number: 382510 My Profile Doing Business As(DBA) Edit Profile Name: Change Password DUNS Number: 879924959 I Change Severity Questions 1 Physical Location: Mailing Address: My Company Address 1: 3705 Bellevue Avenue Address 1: Edit Company Profile i Address 2: Address 2: I Add New User City: Lake Worth City: State: FL State: View Existing Users Zip Code: 33461 Zip Code: Close Company Account I My Reports County: PALM BEACH View Reports Additional Information: Resources My j Employer Identification Number:201556749 I View Essential Resources Total Number of Employees: 10 to 19 Take Tutorial Parent Organization: ydministrator: View User Manual I Contact Us organization Designation: Employer Category: None of these categories apply NAICS Code: 238-SPECIALTY TRADE CONTRACTORS ''A, ;Tk i,�'k-1-..r",',,'-. . j 1 1 i 1 I i Total Hiring Sites: 1 1 , • s I ' Total Points of Contact: 2 Vii+ j6 I 1., iii. I I IU.S.Department of Homeland Security-eww.dhs.gov U.S.Citizenship and Immigration Services-www.uscis.gov Accessibility Download Viewers I Ihttps://e-verify.uscis.gov/emp/EmployerWi Packet Page-1398- 10/11/2012 1 I 10/23/2012 Item 16.A.8. IC.r°urcfy Puithasing admlri�stralire sevvioes Division I COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 Request for Taxpayer Identification Number and Certification I 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 require that the county notify you in writing of the reason for collecting this information, which will be I119.071(5) used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. I1. General Information(provide all information) Taxpayer Name Ecasill-Ia.\ c r r'c*-., rv. .i-pr;s.-c ; L.L.c. (as shown on income tax return) U U I Business Name (if different from taxpayer name) Address 310 5 "e 1l-evu. PW r. City I 3t or I'1 I State \0 r,do.. Zip 3 31-1(1) 1 Telephone 5lsl -GI o 1 I`-t-1 FAX Sol -- H 3N•- `-1-1-) Email l-c- )eCciAr lInl(1.7,-eq a-i-es;nc. IOrder Information Remit/Payment Information n Address I 3,1 d.5 \ -C-Nk e AV'f • Address 310 I?d 1-xA't t'►'' r • City �Ka l l tJ( State Zip �3L1� City V30411 State 1 -i- Zip 3 3 yCI) I FAX 5U -a-j 3 L4'_3 N i._1 FAX 5 0 - H .3 1-1 -3,1-1—1 I Email �‘S e GSkYfc v -i cid tjjr -es iflu.car) Email 11600 et 156(1 G ll fL r;1 ec i c c.co M `JJ V U 2. Company Status(check only one) I — Individual/Sole Proprietor Corporation V/ —Partnership _Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC n 501 (c)3) !' Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 'n - i,S F l0`1 Li C. I (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) I 4. Sign and Date Form Certification:Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge. I � I Signature 4.______ .P C � Date l0111-11-2._ Title I`lCi.n& M -V J Phone Number 501-ClioU-1 Iy7 I 24 Construction Services Agreement:Revised 08/15/2012 IPacket Page-1399- 1 10/23/2012 Item 16.A.8. I State of or a .' I Department of State I 1 I certify from the records of this office that EASTMAN AGGREGATE I ENTERPRISES, LLC is a limited liability company organized under the laws of the State of Florida, filed on August 30, 2004. 1 The document number of this limited liability company is L04000064140. I I further certify that said limited liability company has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on March 29, 2012, and its status is active. I further certify that said limited liability company has not filed Articles Iof Dissolution. I Given under my hand and the Great Seal of Florida, at Tallahassee,the Capital,this the IEleventh day of October,2012 f 43 7 }1 ,te, :-T- it--t 'l'e _ ___947.6,_ s r--,_y T -_ -�_ Secretary of State r . -; ' Authentication ID:200240711752-101112-L04000064140 a4 - , To authenticate this certificate,visit the following site enter this ID,and then follow the instructions displayed. Ihttps://efile.sunbiz.org/certauthver.html Packet Page-1400- 10/23/2012 Item 16.A.8. 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 tmodified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within thirty (30) 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 ten (10) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of a County of ()An ad') , 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. `c�ernc� �t . i~Cus , 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. t 25 Construction Services Agreement:Revised 08/15/2012 Packet Page-1401- 10/23/2012 Item 16.A.8. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Ai which operates under the legal name of Ias follows: , and the full names of its officers are President Secretary Treasurer Manager The is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). 1 (b) Co-Partnership Lr,-) CA 1 CcPV i The Bidder is a co-partnership consisting of individual partners whose full names are as follows: P p 9 p ern cl �. Eas C4 :. ' 6 ci i I I The co-partnership does business under the legal name of: Ecks- y c f-5 r-eV q /p n Sys . LLG (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 26 Construction Services Agreement:Revised 08/15/2012 Packet Page-1402- I 10/23/2012 Item 16.A.8. Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from Iprevious page. 1 DATED `0) 1'7-) 1 '"2- Eo,.6 -, 1 c%1 rtc c+e, EA' '.1LLC- legal entity W �tnes i�/. BY: - -e(rIcticA -- . Ea>-4mc,��--, I ttness Name of B dder(Typed) _ � -� ' Witness Signature IAn 1 t�i�c yYl(';--✓' II Title cJ J STATE OF Mr IA a 1 COUNTY OF 1 (JY) 'JQO1) I " The foregoing instrument was acknowledged before me this 1a day of DekliYe , I 20 1 , by Sam as �1?an�q -n horn bey'' of F ./ak) Q re s Fn - LLC , a corptfrat�n, on behalf of the corporation. 99 'He/she 'is personally known to me or has produced as identification and did I (did not)take an oath. I f IMy Commission Expires:% It ab 1tQ /1/I 11 ii le/J_ (-ignature of Notary) ` I I NAME: Ivph m 6,40IdS. I'J (Le'gibly Printed) I (AFFIX OFFICIAL SEAL) Notary Public, State of flaricla_ Commission No.:EEe3WroQ IA- , .....";:->A, LYNN N DAVIDSON t i.I mr Co m.Wires So 10.2011 ► ( /- Commission A E SUMO ripqmpaipiplupipmp I 27 Construction Services Agreement:Revised 08/15/2012 Packet Page-1403- I 10/23/2012 Item 16.A.8. BB03520 BID BOND I KNOW ALL MEN BY THESE PRESENTS, that we Eastman Aggregate Enterprises, LLC (herein after called the Principal) and Westchester Fire Insurance_cnmpar,y . I (herein called the Surety), a corporation chartered and existing under the laws of the State of PA with its principal offices in the city of Philadelphia and authorized to do business in the State of Florida are held and I firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the • full and just sum of Five Percent of Bid Amount dollars ($ 5% of Bid ) good and lawful money of the United States of America,to be.paid upon demand of the IOwner,to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents. IWhereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, Iand fully complete the Work on the Project known as Emergency Beach Restoration—Truck.Haul IBid No. 13-5994 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days Iafter the date of a written Notice of Award in accordance with the terms of such Bid, and '° give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the I faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,,and deliver to I Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5% of Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents,then this obligation shall be null and void, Iotherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to Ibe duly signed and sealed this 15 day of October ,20 12 . Eastman Aggregate Enterprises, LLC Principal I (Seal). B n tnran managing member IW at 'zest:, Fire Insurance Company Surety (Seal) xobert ts, ,ra , L ney In Fact ICountersigned Ro•ert Barra F orida Resident Agent 28 Construction Services Agreement:Revised 0811512012 IPacket Page-1404- ' 10/23/2012 Item 16.A.8. � r Local Resident Producing Agent for Westchester Fire Insurance Company 1 1 1 1 1 i 1 1 2s Construction.Service Agreement Revised 08/15/2012 Packet Page-1405- 10/23/2012 Item 16.A.8. EEO 3` . - 7 Rogwer of .. ::.. ..::..:: voS"TCHFSTER FIRE INSURANCE':COMPAN > Attorne Know all men by,ibese: .resents:That WESTCHESTER FIRE INSURANCE COMPANY,a cor:: ration of the C ommonwealth of Penn_ Ivania pursuant to.the . p., roo �' P following ResiOhItion,adopted by:the Boa of Directors of the said.Company on December 11,2006,•to wit' tnaati' tlac :.�:RPSQLVFD.th.t tf!etollotwttgeut6or'tiaEiau:.titeio she aJtiCtrbrMl:for.and.on behalf�d,e Cornpemy;:uf birttls:titdeiutoeRi reeoeeiarcm.;oaaiiWe aidotMe'.wnrten wmrtu er Company:' .:: :. •.:::. ..+....::. .;°..mrred:mro:tliR.ordui touise'otlmrittex: �."'WAnen'Cmunitinwl.:;.'.::.'. ":�. • •rr ... .. feecm .::... • (1�a;':.':: tech.ofd,eChainan.t hePrsideistAltdieiiie'1!ieeidegtsMahe.Camprryisheribyaudwrimdtoexauie wWrite,Comnutiotia'for mi danbeliatfOfdie.tiershieyitnder e:ceeloftheCompanY . ... olltetwise. . (2): : : - Each dq�appointed aaamey-inrofaeEoffi4�LUnpmiy is:horsily audwnrsd bmiawa iny..lVnaen Commitment for�and an behalf orJb.e'Cooipiny,wirier the seal oS�tM:Company of odternnie;{o:ihe exams AO��.�':. •• --each action is withorized: :tie t'of: .. rovided:for in:tech p . . . .. • �"- .. by . 6!en ponewspr. . . ohewnttai` laseudteuo -to-[ect. . rneY .. . (3)�.� . Eaeli of Life(iditiien;_:aa Riandeat end ilte:�!ieiT'eeeiduia oFrheCty:x betehy�.iutlgrired for Laid or behAror:the.CoilpptyilV�eppGlrt h::writg any person the ioortaY4o- the�CUmpw!Y'with 'y:`: • ful lspowet:endethhosieriomonirt*.for:aridon:beiuffof'1heCogyeny:oedetfiewil.d(the;Compenyorodarwae,'ouchWnoaeCo m!ptmedaof:hiscompaiyasmeytespoeified .ouch•writen .. • • - ..eppou uoeo1:.whid!'specificoiion+m9':be:'QY•fWNtdl type or clw:or.Wnliani Comnraprmt3:a'by spe ifadoo of one or more psnicc!la W :.Cnmmimenl3:.;:;:.;:::::• (e).:::',:....:':Ea�h of tte Chetmua,die Proddnkits4:YrtrEiaidenii er.r 6.Compeoii.in h prized.'for and On being of hieC te•ild:;. in venting any other offer,of the Cntnpeuy:die iudwiity is; '::;:;:•: 3taeby' O1OP°7•. tom: . • .'.'.::=.. .•::. . •exeone,far_andon behalf ordtec •. ompny;andnme'Compaty�e:talcrMhAwnO.nicfiaVritletCammitmendoftlxCompanyasareepedsedinsuehwnuen�delegatiao,whichepeafimion'mey�be�ly - .: general type or clans of Wniiantomusuunueirte or by opecificenon of one or imespdi?torWrittenCmmltments. •(S).: : "The ai. of .... .. .:. .. .. . • Oil to(tea of aie Cortipmry,msy.'be,atGxed iiy taesimile:on wolf.;::�' �.:.::' '' . Written Corn nipnrntorwine,appeinmlent erdelpawon,;. ...•. '.FURTHl7t RESOLVED,thelihe: :.. '. • ,YbtedimQ:Resoluiion ahall�nm;.be deprrad Irt'be:q(txtlueive auteioarcaithe power rttl aahony�4to9laa,eriiplogeos e)id oilier persons to.aot foretid:on behalf iit'dte .. . .. . Eampany,endsttehRnaltpoe.sbdt rat.[mutgcotirmrsneefa'eeffho-sirerqs s4Fa�y'tudt.powererrrdanryotherwise�valldly grenladorvMed:::'. :':. �:: i i be more; one named its:.true Lind ,:., Dees hereby nominate,coltsttt!lteand appoint°Robe[t.Dsria,ell�ofihcC.itj�of'Cora);^�prings,Florida,cacti individiie1ly f she a than..... ,.. .1 • Lawful attorney-yin-.fact,to make,execute.,-.'Seal.and deliver on:its behalf;,and.as its act and deed any and'all bonds,.undertakings,recognizances,contracts and other . .. 'writin ...:.nititematere therein in.penaItiaiiiet exceeding3 n:million'dollars::&.zero centc($10.0.00,000.00),and theezecutionofsuchwritingsinpursuanceofthese • . ,..s ..i... pteserNC;shaft.be..as`hlmling.upon'satc'f Co y as fu11 g B ....Y• Irlpali >....:;: y..:$nQ:amply a3:4f-they had been duly executtxl:and�acknowled ed::by;the re'ufpi 'cloefodo icers of the •.Go m PaiY at.its principal office; ••• •. INiWITNESS WHEREOF'she:said;Stephe n M.i'laney.;:.Viii-Presiuknt,has hereunto subscribed his name and,atfrxed the Corporate seal of.the said-WESTCHESTER :FIRE INSURANCE'COMPANY this 13:,day of.Febivary.2012: - µ E ER"FIRE INSI1Iti11VGE'::C©lY1PANY STCiTIrST c s is . . • �;..�.:.:. ....:. •..�.: .. ..:: • .:;: '�'li�.... .'K VIe6�Pr'ati�ellt:>:' • : • COMMONWEALTH OF PENNSYLVANIA.,• :'• `.••• COUNTY OF PHILADELPHIA •ss,::'' : • On this 13 day of February..AD.;2012 befvie'me.a Notary:Public of the Commonwealth of Pennsylvania in and'for:.the County ofPhiladelphiac me j . Stephen M.Haney,Voce-President'of the•WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed •• • the preceding instrument,.and he:acknow ledged.that he:executed.the_saine,and that the seal affixed to the preceding instttament is::the corporate,seatof:said Company;:..• that the said corporate seal and signature'were duly:a11-t ed:by theatitiiority and d ection of the said corporation;and that Resolution,adopted by theBoard of • Directors of said Company,xe fe trait t oin the pecedirtg tlrumat, tov m torcc : : , . .. • •IN TESTIMONY WI'tEREOF;I have hereunto set`ray land and°affixed my'oflicial seal at the City of Philadelphia the day and year first above written:''"'••> ..:•••••.... •3lL� te.al w'At A ` .1,1141 wr!'. ='.?.. ...,.>;' :... • :< • atli0amlYslta�R Ali akaei7 fwitk. - I • v t I,the undersigned.Assistant Secretary of tilt WESTHHES.1`ER:FIRE'INSURANCE COMPANY,do:hereby:certify.:that.the original POWER.OF ATTORt'lt i' of which the fo[egoiitg is a substancially..:#iu2'atld c<trre�:t;co effect. .. py,,•u:in fiitF fol?ee;and ;: . in witness whereof 1 have hereunto:subscribed. name as.Assistant Secr ,and affixed the corporate;seal::of the:Cotporation,this 5'i:day;ot()C'tober •mYX,. . .:::. .. ... .... ...::.,.::::: . :., .:.. • ,+ G 'y Yl. . THIS POWER OF ATTORNEY MAY:NOT.BE:USED::TO.EXECUTE ANY.BOND WITH AN INCEPTI')N:DATE AFTER.February• - I '•; :;, ;::,':;: Packet Page-1406- : . : : II THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • 1 10/23/2012 Item 16.A.8. STHIS 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. Bidders Questionnaire filled out and returned 6. Any delivery information required is included. 7. Local Vendor Preference Affidavit completed. ' 8. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 9. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 11.Any addenda have been signed and included. 12.The mailing envelope has been addressed to: ' Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 13.The mailing envelope must be sealed and marked with: ' Bid Number; 13-5994 PProject Name; Emergency Beach Restoration—Truck Haul ' Opening Date. 10/15/2012 14.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 Bidder me 1 t Signature &Title 30 Construction Services Agreement:Revised 08/15/2012 Packet Page-1407- I 10/23/2012 Item 16.A.8. Date: 1,0 112 11 2- I 1 1 1 I I 1 1 I t I I 1 i I 31 Construction Services Agreement:Revised 08/15/2012 Packet Page-1408- 10/23/2012 Item 16.A.8. ' PRE-BID INFORMATION (Attach to Bid Form and include attachments as necessary) 1 A.Describe Bidder's proposed method of completing the Work being bid and a time ' schedule. Eastman Aggregates will employ dump trucks to haul approved sand material from the Immokalee ' Mine to the Vanderbilt and Naples Beach project sites. Sand will be conveyed from the access locations indicated in technical specs to the beach via Eastman's own Sand Transfer System. Unloading and dumping operations will occur in the County's approved sections of public roads and beach access ways. Eastman will provide maintenance of traffic in accordance with County ' guidelines. Bulldozers, front end loaders and Off Road trucks will enter onto the beach from the pre-approved ' County access points to the proposed work area. (No dump trucks will used on the beach.) Grading operators will utilize construction equipment to spread the placed sand within the desired template. Survey crews will conduct pre- and post-construction surveys and geotechnical analysis will be performed to ensure that all berm construction is completed in accordance with approved design drawings and permit documents. ' Construction activity will be implemented in phases as follows: Vanderbilt Beach Pre-con Survey 1 days Mobilization 2 days ' Placement 9 days Post-Con Survey 1 days Demobilization 2 days ' Total 15 days Naples Beach Pre-con Survey 1 days ' Mobilization 2 days Placement 9 days Post-Con Survey 1 days ' Demobilization 2 days Total 15 days B.What is the estimated daily production rate for the proposed for the work? What is the estimated duration of the work in days and months for the berm restoration? The estimated dairy production rate for the proposed work is: 1500-2000 tons per day. The estimated duration of work for the berm restoration will be: 30 days (15 + 15) ' OR 1 month Packet Page-1409- 10/23/2012 Item 16.A.8. C. What size and type of equipment will you use on this project,to include front end loaders,dozers,dump trucks,conveyors,etc.?What equipment will you purchase or rent for the ' proposed work? Eastman owns various front end loaders, dozers, dump trucks, and our Sand -Transfer System (conveyors) and will not need to purchase or rent any additional equipment for the proposed work. Please see attached equipment list. D.List key personnel Bidder proposes to use on this project including their qualifications and ' prior experience. Please see attached Key Personnel List. I ' E.List other present commitments including dollar value thereof,name of owner and estimated date of completion. At time of bid submittal EAE has no other contractual commitments. F.Will you sublet any part of this work?If so,give details. Yes. All subcontractors are less than 10% of total price. Surveying Services to be provided by: Marco Surveying Analytical Services and Vibration Analysis to be provided by: GFA International Maintenance of Traffic Services to be provided by: Protection Services G.What is the last berm restoration project(with conveyors)of this nature that you have ' completed? Project Name: Jupiter Dune Restoration @ Carlin Park Client Name: Palm Beach County - ERM Representative: Reuben Bishop ' Client Address: 2300 N. Jog Road, 4th Floor, West Palm Beach, FL Phone Number: (561) 233-2400 Fax Number: (561) 233-2414 ' Scope: Supply, Haul, Convey & Place Beach Sand (60,000 tons) Original Contract Completion Time: 60 Days Actual Completion Time: 50 Days I Packet Page-1410- I 10/23/2012 Item 16.A.8. Im m rn m m m m m m m m m c D a o rn y cn .N w N cmn w N -� --1 I M : N N N N N N N N N P! N N N -� > 0 0 0 0 0 0 0 0 0 O CO 0 0 003 -( I y y y N y 0w 3 w 3 OW 3 O >00 .P CO 0 0 i M cn cn, x co N cn L c— x c— Z 00 W CO r --I --I -F o -1 -I x 0 0 00 0000 0 0 U) cn to tn •N N X z 2 c 2 m 00 G1 00 m i rn Z Z > Z 000 y H 0 rn rn c m 0 --� -4 -1 m ` I rn m m r m m z v m' . 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I 4' �p,-u� � is �. �`y� 3 �, sy r°i>£na".,Yr' It' ' ha ej ayd# 6 ' � w 3 a + 1 x .t 'a _ s a xr r I !- l .`?Wj�.d`i), �. 1. }?'q' t n l .Y •• w Hue:..'d a .A3�.G tom. +mr..� '' k„ a u W I l''''' Packet Page-1413- 1 10/23/2012 Item 16.A.8. Nook EASTMAN i ®,� DUNE RESTORATION SERVICES i sl�MrarrNC'rp�47PF' .,l ry ' (p 7- ;*.,5C., ,, }ri r^y w � ,•:;',;:,,,,,'".),,,''' '„.',,, ,;: ,,,1,-,°, i 7k 1 I »; s I I I I I I I I I I I I Packet Page-1414- I 10/23/2012 Item 16.A.8. EASTMAN BEACH & DUNE NOURISHMENT II , AGGREGATE EN ERPWSESfLL , SAND CAPPING SEAWALL BACKFILLS I I JUPITER DUNE RESTORATION AT CARLIN PARK PALM BEACH COUNTY, FLORIDA =- »; • Mobilized within 24 hours with 1 crew . • Constructed 5,400 ft of dune `,` 4 • Project completed ahead of schedule � � �- • January 1St Thru February 15th 2012 __ • Project costs $1.3M j:''', Ir„ 1 .r ig, a ,.. Carlin Park was a project that required 60,000 tons of sand to be conveyed, hauled and I placed. By utilizing the conveyor system to access the 5,400 feet of shoreline, Eastman was able to complete the project with minimal impact to an environmentally sensitive vegetated area. I The projects limited access and working along :,., I 2,000 feet of the public beach Eastman utilized its team experience to secure public safety during daily operations. The project was " , Icompleted 10 days ahead of schedule. . A - ',.�1,04r�a OW40n' r tr mow" W-. art^'"'" Ay{,;i } if.. ?� ,. G N � x e 9 I Packet Page-1415- II ■ 10/23/2012 Item 16.A.8. EASTMAN BEACH St DUNE NOURISHMENT s „4oa ►TEE:PnERriasesau,,•, SAND CAPPING Ago SEAWALL BACKFILLS I SINGER ISLAND BEACH RESTORATION PROJECT PALM BEACH COUNTY, FLORIDA I I Mobilized within 72 hours with 2 crews Y■ :: �� Constructed 4,100 ft of dune .fir 'i +. '^ '� n c f * n • Project completed ahead of schedule _ • June through November 2007 • Project costs $2.3M I I Singer Island was a project that required 120,000 tons of sand to be hauled and placed. I Initially 62,000 tons of sand was placed in June 2007 by Eastman Aggregates due to Tropical Storm Andrea. I In November 2007, Tropical Storm Noel �. created beach erosion requiring Palm Beach . County to issue an Emergency Response. { I They contracted Eastman Aggregates to place, convey and grade sand. Within 72 • hours of notification, Eastman was on the I I severely eroded beach and operating two ..- w- separate crews. I Due to limited access, we utilized the Sand . ; .f Transfer System allowing the sand to be = :zat. conveyed at a rate of 3,000 tons per day. A I total of 60,000 tons was successfully placed in 23 days. I I I IPacket Page 4416- I 10/23/2012 Item 16.A.8. EASTMAN BEACH & DUNE NOURISHMENT I SAND CAPPING AaaRe�r► eMrenss,!u ,3 n; SEAWALL BACKFILLS I I DEERFIELD BEACH RESTORATION PROJECT BROWARD COUNTY, FLORIDA I • Sand Transfer System was utilized for all I 0e beach restoration access points. • Total sand placed was 24K tons • Prepared submittals and reports as �`' required by contract. .. ',A1. we ,� '1,'''',1-47' '',.,:4144:, IEastman Aggregates was prepared for the numerous construction challenges, which _ , 4 included heavy pedestrian traffic and the me Ili�i redirection of vehicle traffic. I The City of Deerfield Beach allowed the „ '- .t, ¢ . <;,. beach to remain open during the dune � �" � x 4 A; restoration process, as it was tourist ti Iseason in Florida. The large public sidewalk and pristine vegetation provided a buffer to the beach. IUtilizing the Sand Transfer System allowed us to bridge over these obstacles I and minimized the need for any site restoration. I I I I, Packet Page-1417- 1 10/23/2012 Item 16.A.8. �EASTMAN BEACH & DUNE NOURISHMENT �oa a!►T�ec .0 ! SAND CAPPING Aitik SEAWALL BACKFILLS I SOUTH PALM BEACH RESTORATION PROJECT PALM BEACH COUNTY, FLORIDA - i e Implemented safety measures during .F--- , construction to ensure public safety. It ` l :-, !,e' , , • Provided real time Q/A testing with our , y k portable testing laboratory.• Allowable completion time was 60 days. r=;. Eastman Aggregates completed this project in 14 days. I South Palm Beach is a municipal park and public I beach. The project's obstacles included limited 1%). 7,11114"r---;" access, park amenities, sidewalks and vegetation. '', ' ,` •. ; _.,, Eastman was selected by Palm Beach County to ?,-� _ 4, x ,� ,- '' I utilize the Sand Transfer System, which was .` /11,,,.. specifically designed to provide accessibility options .5 ,4 t , when typical construction access is not feasible. .., - a 1 Eastman Aggregate Enterprises supplied and placed 12,000 tons of DEP approved beach {- s" I compatible sand. The project was completed ahead k of schedule with minimal site restoration at the two :. ,.,t. designated access locations. _- I I I I I I IPacket Page-1418- I 10/23/2012 Item 16.A.8. ICEASTMAN BEACH & DUNE NOURISHMENT , l) SAND CAPPING SEAWALL BACKPILLS I I SANIBEL ISLAND RESTORATION PROJECT LEE COUNTY. FLORIDA I s ' Coordinate manage personnel, I 9 p " f ' e �^ - ,v �� materials equipment to meet contract Rr 'd ,s requirements. I - • •o_% • Acted as liaison with Parks Dept to ensure scope of work resulted in f :; minimal site restoration. I • Produced pedestrian and traffic detour s� plan for engineer. I Lighthouse Park Beach was a 7,800 ton truck haul beach project. Eastman Aggregates It replenished approximately 1,000 feet of beach and dune. Additionally we provided the surveying and required beach tilling. IThis project was completed in 10 days. eii 7i,The quality of workmanship provided by .,,� �A complimented the pristine "ai �,, f , IEastman ,74,1:42f,-.1, beaches of Sanibel Island. " t$;3 M= I I ' Packet Page-1419- 1 10/23/2012 Item 16.A.8. IIEASTMAN BEACH & DUNE NOURISHMENT ,�, SAND CAPPING /�64REQiATE,lI!RER�IMSgj�LLC,.,..w..,,,;,�wr��.N4 , SEAWALL BACKFILLS I IBIS ISLE RESTORATION PROJECT PALM BEACH COUNTY, FLORIDA I • Utilized Sand Transfer System and Sand Shooter " w to place approximately 40,000 cubic yards of sand• >z: .< • Over 25,000 cubic yards of sand was transported from Juno Dunes Natural Area to cap 3 acres of muck In� I Palm Beach County, recently underwent an eight month transformation to restore 8.3 acres of intertidal habitat and remove large quanities of unwanted organic muck that accumulated over time and negatively impacted water quality and reduced habitat value. IRather than elect to remove and treat the muck which would cost upwards of$12 million, environmental managers decided instead to strategically place a 1-to-3 foot-thick sand I cap and limestone rock mixture over the muck sediments. Eastman designed a modified pea-gravel shooter, designed specifically for this project, to lessen environmental impacts to the sensitive wetlands. , �x' Once the muck area was capped according to permitted 'ot, x ti and approved plans, some of the fill was graded to create 0.5 acres of open area for oyster habits and 2,700 linear .I f ,:..44,,I I feet of flushing channels. Volunteers, who included xY - students from the Palm Beach Maritime Academy, Palm ` fr' I Beach County College and local middle schools, then collected and planted approximately 14,000 red mangrove seedlings and 80,000 plugs of cordgrass. IAlthough this Lake Worth Lagoon project was completed in February 2010, ERM has already observed improved water quality , the natural recruitment of mangroves and I oysters, as well as an increase in the abundance and diversity fish, invertebres, wading birds, and shorebirds using the site. I This $1 million project was funded by the Florida Department of Envirommental Protection (FDEP), South Florida Water Management District (SFWMD) and Palm Beach County. I 'D IPacket Page-1420- 10/23/2012 Item 16.A.8. EASTMAN BEACH & DUNE NOURISHMENT I AGGaEanTeeMr usEs urc I® SAND CAPPING SEAWALL BACKFILLS I JUNO BEACH RENOURISHMENT PROJECT JUNO BEACH, FLORIDA The Juno Beach Project was completed in May 2010. Palm Beach County contracted a dredge company to pump over 623,018 cubic yards of offshore sand material to the extremely eroded beach along the shoreline just south of the Juno f Pier. The dredged material contained oversized stones. 1x ect to 7 Eastman Aggregates was hired for the proj ' r grade and screen the sand material and to ensure the consistency of the material met the technical requirements and would be suitable for turtle nesting activities. In response to Palm Beach County's call for assistance, Eastman dispatched a seven-man crew and multiple equipment units to the site within 72 hours. In addition, we screened 240,000 thousand yards of sand in 45 days. I 1 a- 1 Packet Page-1421- I 10/23/2012 Item 16.A.8. IIEASTMAN 1 BEACH & DUNE NOURISHMENT / SAND CAPPING AN SEAWALL BACKFILLS I I OYSTER REEF I RESTORATION PROJECT MARTIN COUNTY, FLORIDA I ST. LUCIE ESTUARY _ I • Utilized Sand Transfer System and to transport approximately xxx000 cubic -- "' °�� ' yards of sand �= _ The National Oceanic and Atmospheric Administration (NOAH) awarded Martin County k federal funding for the Oyster Reef Restoration " ` IProject as part of the American Recovery and Reinvestment Act of 2009. '' ° ° ` `e ms•I During the construction phase of this contract, 0 � ' l Eastman Aggregates supported the prime •$ contractor CSA International by utlizing our i FA 4., Sand Transfer System to transfer 8 million " : ;, pounds of sand and oyster clutch material need a. for a 5.86 acre site located in Loxatchee River. - IMaterials were transported from the staging area through environmentally P on the adjacent Iriver. I AI I IPacket Page-1422- 10/23/2012 Item 16.A.8. 1 H.Have you ever failed to complete work awarded to you: If so,where and why? No. Eastman Aggregates has completed every project that was awarded to us. We have never failed to complete a contract. ' I.Name three individuals or corporations for which you have performed work and their contact information as references. Moshe Anuar ' City of Hollywood Beach Senior Project Manager (954) 921-3990 ' Mark Taynton Florida DEP - Beaches and Coastal Systems Engineer (887) 314-1329 Michael Stahl Palm Beach County (ERM) Senior Environmental Analyst (561) 233-2433 I The undersigned guarantees the truth and accuracy of all statements and answers made herein. Signature of Bidder By: 72—, Bernard D.Eastman 1 Eastman Aggregates,Enterprises,LLC. 3705 Bellevue Avenue Lake Worth,FL 33461 1 Incorporated under the laws of the State of Florida I Packet Page-1423- 10/23/2012 Item 16.A.8. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Eastman Aggregate Enterprises, LLC ("Contractor") of 3705 Bellevue Ave., Lake Wales, FL 33461, a Limited Liability Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Emergency Beach Restoration — Truck Haul, Bid No. 13- 5994 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Coastal Planning & Engineering, 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: Four hundred thirty thousand eight hundred twenty-eight dollars and no cents ($430,828.00) 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 32 Construction Services Agreement:Revised 08/15/2012 Packet Page-1424- 10/23/2012 Item 16.A.8. 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.qov/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 thirty (30) 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 ten (10) 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, five hundred dollars and ten cents ($500.10) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor 33 Construction Services Agreement:Revised 08/15/2012 Packet Page-1425- 10/23/2012 Item 16.A.8. 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. Ask 34 Construction Services Agreement:Revised 08/15/2012 Packet Page-1426- 10/23/2012 Item 16.A.8. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Coastal Planning & Engineering, Inc and identified as follows: Emergency Beach Restoration — Truck Haul as shown on Plan Sheets 1 through 5. Exhibit N: Contractor's List of Key Personnel Bid 13-5994 Bid document, Specification, Plans, Specification, and any Addenda 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: J. Gary McAlpin 2800 North Horseshoe Drive Naples, FL 34104 Tel: 2391252-5342 Fax: 239/252-2956 Email: garymcalpin @colliergov.net 35 Construction Services Agreement:Revised 08/15/2012 Packet Page-1427- 10/23/2012 Item 16.A.8. 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: Eastman Aggregate Enterprises, LLC. Bernard D. Eastman, President 3705 Bellevue Ave. Lake Worth, FL 33461 Tel: 561/969-7147 Fax: 561/434-3477 Email: Bernie@eastmanaggregatesinc.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Ask 36 Construction Services Agreement: Revised 08/15/2012 Packet Page-1428- 10/23/2012 Item 16.A.8. 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. 37 Construction Services Agreement:Revised 08/15/2012 Packet Page-1429- 10/23/2012 Item 16.A.8. Ask 38 Construction Services Agreement:Revised 08/15/2012 Packet Page-1430- 10/23/2012 Item 16.A.8. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. • CONTRACTOR: TWO WITNESSES: Eastman Aggregate Enterprises, LLC By: FIRST WITNESS Type/Print Name and Title Type/Print Name SECOND WITNESS Type/Print Name Date: OWNER: • ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Fred W. Coyle, Chairman Approved As To Form and Legal Sufficiency: Print Name: Assistant County Attorney 39 Construction Services Agreement:Revised 08/15/2012 Packet Page-1431- 10/23/2012 Item 16.A.8. EXHIBIT A 1: PUBLIC PAYMENT BOND Amok Emergency Beach Restoration —Truck Haul Bond No. Contract No. 13-5994 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Awhie Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 40 Construction Services Agreement:Revised 08/15/2012 Packet Page-1432- .. .. . .... . 10/23/2012 Item 16.A.8. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: • (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 41 Construction Services Agreement:Revised 08/15/2012 Packet Page-1433- 10/23/2012 Item 16.A.8. OR Ask As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Antik 42 Construction Services Agreement Revised 08/15/2012 Packet Page-1434- 10/23/2012 Item 16.A.8. EXHIBIT A 2: PUBLIC PERFORMANCE BOND Emergency Beach Restoration Truck Haul Bond No. Contract No. 13-5994 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally: WHEREAS, Principal has entered into a contract dated as of the day of , 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect. Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 43 Construction Services Agreement:Revised 08/15/2012 Packet Page-1435- 10/23/2012 Item 16.A.8. 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 IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced. as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 44 Construction Services Agreement:Revised 08/15/2012 Packet Page -1436- 10/23/2012 Item 16.A.8. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced - as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: - (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 45 Construction Services Agreement:Revised 08/15/2012 Packet Page-1437- 10/23/2012 Item 16.A.8. EXHIBIT B: INSURANCE REQUIREMENTS Al Ilk The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate. Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this 46 Construction Services Agreement:Revised 08/15/2012 Packet Page-1438- 10/23/2012 Item 16.A.8. Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage{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. 47 Construction Services Agreement:Revised 08/15/2012 Packet Page-1439- 10/23/2012 Item 16.A.8. Collier County Florida Insurance and Bonding Requirements ttAsiura a atiPtT ui H `h:i.;Nii:., :,:wek ws 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000.00 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000.00 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000.00 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 El Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence El Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence Amok 48 Construction Services Agreement:Revised 08/15/2012 Packet Page -1440- , 10/23/2012 Item 16.A.8. ❑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 (or Airport Authority or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 49 Construction Services Agreement:Revised 08/15/2012 Packet Page-1441- 10/23/2012 Item 16.A.8. 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 , 20 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a ' demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 50 Construction Services Agreement:Revised 08/15/201.2 Packet Page-1442- 10/23/2012 Item 16.A.8. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER)or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: • $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date Retainage @ _%after [insert date] $ • = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 51 Construction Services Agreement Revised 08/15/2012 Packet Page-1443- 10/23/2012 Item 16.A.8. N N to O IL G J m la 0 Z =V O F • y F 7 m MI ▪ to 22 E m m m L iz C C O m o e Z 1111011111111111011111 o O V a cn L O t6 w U _N i _ILL yy y U O C y I- w m m m re •-i m a a. o U w co III r) J W w 1— c Fes- JQQ c = . O 0 I- c 0 co 7 ID w Q a' to ill . O 0 L N 0 j= 1-w J 0 a c w :3 I u_ 0 CI' 0 O G m J II° V V I-5 W Ci IIIHIIIIIIIIIHIIIIIIIII m cc y o cop .c w O- J p O m 2 > m N 7 - O O .m. c m a 7 � • `m o .5 • Z 7 c c H c a_ 7 _ m C U) O N t U J U U) Q o 60 v m - m I N w ,..It c O E w Cr m�_ u �. to m .a Z• m W m x o•�l X o OI • w Z Packet Page-1444- w `3 10/23/2012 Item 16.A.8. C7 N 1 N K) 0 O o 0 To cc Cej OS C lC E m � _ a y W "C II m •m •� o3a 0 c c o i � U Q7 _ 2 < m 0 N � — U C to E O a a d •° o a ec m . cc w a a < 0 '0 2 m 0 va d .Q O E C Z d a c C m fl, c � c m o 0 U_ 0 x w R G Packet Page-1445- 10/23/2012 Item 16.A.8. Packet Page-1446- 10/23/2012 Item 16.A.8. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 55 Construction Services Agreement:Revised 08/15/2012 Packet Page-1447- 10/23/2012 Item 16.A.8. Packet Page-1448- 10/23/2012 Item 16.A.8. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And. To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its Intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 57 Construction Services Agreement:Revised 08/15/2012 • Packet Page-1449- 10/23/2012 Item 16.A.8. RESPONSIBILITIES: OWNER: • CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 58 Construction Services Agreement: Revised 08/15/2012 Packet Page-1450- 10/23/2012 Item 16.A.8. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated:. 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name &Title) By Design Professional: (Firm Name) (Signature) (Typed Name &Title) By Owner: (Department Name) (Signature) (Name&Title) 59 Construction Services Agreement:Revised 08/15/2012 Packet Page-1451- 10/23/2012 Item 16.A.8. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1,1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 60 Construction Services Agreement:Revised 08/15/2012 Packet Page-1452- 10/23/2012 Item 16.A.8. 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. 61 Construction Services Agreement:Revised 08/15/2012 Packet Page-1453- 10/23/2012 Item 16.A.8. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 62 Construction Services Agreement:Revised 08/15/2012 Packet Page-1454- 10/23/2012 Item 16.A.8. 4.3 Contractor shall submit all Applications for Payment to Stephen Keehn, P.E., Coastal Planning & Engineering, Inc., located at 2481 NW Boca Raton BLVD; Boca Raton, FL 33431. 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 ES., 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 63 Construction Services Agreement:Revised 08/15/2012 Packet Page -1455- 10/23/2012 Item 16.A.8. fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in 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. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 5. PAYMENTS WITHHELD. 64 Construction Services Agreement:Revised 08/15/2012 Packet Page-1456- 10/23/2012 Item 16.A.8. • 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the. Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise 65 Construction Services Agreement:Revised 08/15/2012 Packet Page-1457- 10/23/2012 Item 16.A.8. relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will • result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 66 Construction Services Agreement: Revised 08/15/2012 Packet Page-1458- 10/23/2012 Item 16.A.8. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding 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; 67 Construction Services Agreement:Revised 08/15/2012 Packet Page-1459- 10/23/2012 Item 16.A.8. 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance: The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents,.together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation 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 68 Construction Services Agreement:Revised 08/15/2012 Packet Page-1460- 10/23/2012 Item 16.A.8. the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be, deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 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 69 Construction Services Agreement:Revised 08/15/2012 Packet Page-1461- 10/23/2012 Item 16.A.8. Owner concerning the requested changes. Contractor shall promptly perform changes Ad Ilk authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing 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 ,, 70 Construction Services Agreement:Revised 08/15/2012 Packet Page-1462- 10/23/2012 Item 16.A.8. time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise'may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 71 Construction Services Agreement:Revised 08/15/2012 Packet Page-1463- 10/23/2012 Item 16.A.8. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall- inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other, work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty-to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by'final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. - 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and .safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this 72 Construction Services Agreement:Revised 08/15/2012 Packet Page-1464- 10/23/2012 Item 16.A.8. Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verifv. It shall be the 73 Construction Services Agreement:Revised 08/15/2012 Packet Page-1465- 10/23/2012 Item 16.A.8. vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this 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. 74 Construction Services Agreement:Revised 08/15/2012 Packet Page-1466- 10/23/2012 Item 16.A.8. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the. Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (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 75 Construction Services Agreement:Revised 08/15/2012 Packet Page-1467- 10/23/2012 Item 16.A.8. Project Manager, upon application, and this obligation for payment shall survive Amok termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor 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. 76 Construction Services Agreement:Revised 08/15/2012 Packet Page-1468- 10/23/2012 Item 16.A.8. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons 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. 77 Construction Services Agreement:Revised 08/15/2012 Packet Page -1469- 10/23/2012 Item 16.A.8. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or. any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence, to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full 78 Construction Services Agreement:Revised 08/15/2012 Packet Page-1470- 10/23/2012 Item 16.A.8. responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all 79 Construction Services Agreement:Revised 08/15/2012 Packet Page-1471- 10/23/2012 Item 16.A.8. necessary labor, material and equipment. If it is found that such Work is defective, wirk Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed .evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change 80 Construction.Services Agreement:Revised 08/15/2012 Packet Page-1472- 10/23/2012 Item 16.A.8. Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 81 Construction Services Agreement:Revised 08/15/2012 Packet Page-1473- 10/23/2012 Item 16.A.8. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. _ Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 82 Construction Services Agreement:Revised 08/15/2012 Packet Page-1474- 10/23/2012 Item 16.A.8. 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 83 Construction Services Agreement:Revised 08/15/2012 Packet Page-1475- 10/23/2012 Item 16.A.8. 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. 84 Construction Services Agreement:Revised 08/15/2012 Packet Page-1476- 10/23/2012 Item 16.A.8. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with. Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, 85 Construction Services Agreement: Revised 08/1512012 Packet Page-1477- 10/23/2012 Item 16.A.8. accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the 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 86 Construction Services Agreement: Revised 08/15/2012 Packet Page-1478- 10/23/2012 Item 16.A.8. from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the, terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time.. 87 Construction Services Agreement:Revised 08/15/2012 Packet Page-1479- 10/23/2012 Item 16.A.8. 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 88 Construction Services Agreement Revised 08/15/2012 Packet Page-1480- 10/23/2012 Item 16.A.8. 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be 89 Construction Services Agreement:Revised 08/15/2012 Packet Page-1481- 10/23/2012 Item 16.A.8. limited to: design, construction, and construction, engineering and inspection (CEl) Ask services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the `County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program)for the purposes of these rules. Regulated tanks require notification to the `county'local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions; and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator 90 Construction Services Agreement: Revised 08/15/2012 Packet Page-1482- 10/23/2012 Item 16.A.8. 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. • 91 Construction Services Agreement:Revised 08/15/2012 Packet Page-1483- 10/23/2012 Item 16.A.8. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Auk Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 13-5994 Emergency Beach Restoration —Truck Haul 92 Construction Services Agreement Revised 08/15/2012 Packet Page-1484- . 10/23/2012 Item 16.A.8. EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 13-5994 Emergency Beach Restoration —Truck Haul 93 Construction Services Agreement:Revised 08/15/2012 Packet Page-1485- 10/23/2012 Item 16.A.8. EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 13-5994 Emergency Beach Restoration—Truck Haul Oak 94 Construction Services Agreement: Revised 08/15/2012 Packet Page-1486- 10/23/2012 Item 16.A.8. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 13-5994 Emergency Beach Restoration —Truck Haul 95 Construction Services Agreement:Revised 08/15/2012 ! Packet Page-1487- 10/23/2012 Item 16.A.8. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 13-5994 Emergency Beach Restoration —Truck Haul ofot 96 Construction Services Agreement Revised 08/15/2012 Packet Page-1488- 10/23/2012 Item 16.A.8. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category, Construction Superintendent Project Manager 97 Construction Services Agreement:Revised 08/15/2012 Packet Page-1489- 10/23/2012 Item 16.A.8. CASE N SERIES LOADER / BACK , 580N 580 Super N 580 Super N Wide Track 590 Super N §„,,,E14.1.:, x d ... `� . . . � L s r w3 g Gv� v ' .�. t : fi ,�, , . � ” 'y > ry n �jj !•'4'!" ew. , �,e ., �'e.as;,-,1-1-,yd i' B•. -'� ` ,. r11_i. ,s A. `� "•' 1 ` "°,:n::,'R " }z s � , is .�� r i 3 a rte,€ '''',-,A.,'-7- ws. 'ma ,4t�{ � , a s; to a � �" ss f5yt c• r ✓� "',` r x� _'!fix �. t" b uCS * ai "` rN 8s ' � �.,,. ' ,4,°i. W�Pe -.n :r ,, € :-. � 'cL"� 7r �� .xn g v n S6 r et . Ada a x . i, a 'u. �f alai; 1 k`- ten y y 411‘64,44,14,..,%„ a. ; z� Case Delivers Full-Service Solutions e-1490- • • Packet Pag 10/23/2012 Item 16.A.8. N SERIES LOADER / BACKHOES 580N f 580 Super N 580 Super N Wide Track 590 Super N • • - Interim Tier 4 CEGR engine � x New,certified Interim Tier 4,3.4-liter engine leverages CEGR technology and utilizes a diesel particulate filter,providing a faster response time and at least 4 percent better fuel economy while maintaining the power and performance of previous models. 3 E f �C Power Lift ° N Series machines out-muscle the competition with as much as 25 percent greater backhoe lift power.With industry exclusive Power Lift,you may not need an excavator on the job. You also can use Power Lift to break through extreme conditions such as a frost line,dry clay or roots.With the flick of a switch,Power Lift adds more capacity than the competition to lift, curl,crane and move objects. Best-in-class productivity The N Series loader arm design boosts productivity.The loader provides excellent breakout force and almost 1000 pounds greater lift capacity at full height than the competition.N Series machines reach deeper dig depths for superior grading.Its outstanding overall lift height and reach to dump material into the center of haul trucks with rail extensions eliminates the need £ ' to turn trucks away due to height restrictions. Superior comfort and visibility Day and night,our cab keeps operators productive.Floor-to-ceiling windows provide superior visibility.Rear-quarter windows provide easy communication to the operator from the side of tY• 4 P Y P machine and and improve cross-ventilation comfort.The high-intensity lighting package increases ', saturation by 28 percent,providing superior visibility and overlapping fields of coverage. The'easy flex'side lights offer 45-degree rotation to deliver extra lighting where it's needed most- Powershift transmission family ` • The N Series features a full family of transmission options,the Powershift H-Type and . Powershift S-Type,allowing operators to shift from the column.Each transmission provides 3 a' a standard kick-down feature and introduces the industry exclusive SmartClutch modulation. �� u SmartClutch lets operators customize the transition from forward to reverse to meet the demands � k of their specific application. Easy maintenance Case is famous for easy groundline daily maintenance.Swing-out coolers are easy to access. " �M Axles,with outboard-mounted wet disc brakes,are serviceable without complete disassembly. wG Add a flip-up hood,hardened pins and floating bushings,spin-on filters,grouped site gauges, ground level hydraulic test ports,and you're saving routine maintenance time. k 580N Packet Page-1491- • - 10/23/2012 Item 16.A.8. w-�N "a, ., ,� � .�' k .. 4 v�u�' * a h r a 3 ■ " .... d r 5: ml u y .� .,..„ , ,..„,...i ._.=. •;.i..,r,,,r,,,.-.:--,••,:-...: ..,,,,,rt-,,i,::. \ - r..' 4...: �.ft Y.P M T mk- ++ LL y �'°y>-. r ..A .55.5 L &'. 5.•y�er� > t a xN P a mac" '1 � �+� e8` `3• . a rig,-n€1Ma .f� .' rc ,- + �..u z". . C &i-:5 H : �+ P s ', x 580 Super N 580 Super N Wide Track 590 Super N Packet Page-1492- i 10/23/2012 Item 16.A.8. N SERIES LOADER / BACKHOES 580N 580 Super N 580 Super N Wide Track 590 Super N The hoe trgth a N Series fom beyond previous increased back models.s A en fabricated tkes boom Ser design per increases strength while maintaining the over-center design.Backhoe bucket pins are larger and stronger to accommodate the Stronger everywhere improved lift capacities and bucket rotation of up to 198 The N Series loader/backhoe lineup from Case is degrees.All the while,the N Series continues its best-in- stronger everywhere. class maintainability with triple bushings and floating pins. Optimized hose routings provide protection from severe duty The machines offer dramatic increases in backhoe breakout tasks without compromising service capacity. force and lift,along with increased loader breakout force,lift and reach.They also provide substantially improved visibility By providing lift capabilities comparable to an eight-ton and operator comfort. excavator,with superior dig depths,the N Series loader/ backhoes may eliminate the need to trailer an excavator The Interim Tier 4 Case 580N,580 Super N,580 Super N Wide to the jobsite. Track and 590 Super N Ioader/backhoes all feature 3.4-liter, Industry-leading backhoe boom lift turbocharged engines,ranging from 79 net hp in the 580N to 108 hp in the 590SN. ca,eseosMwr vdM Pourer lift Ce112.0E ■Dade Slow The N Series extends a legacy of loader/backhoe leadership that began when Case introduced the industry's first factory- 4me 11111111111_1111_01P-111-111-111111. "" integrated loader/backhoe in 1957. s Power Lift boosts backhoe capacity 's°° ■ ,„.0; The N Series introduces Case-exclusive Power Lift technology, which channels hydraulic power directly to the backhoe with ; ,�, the touch of a button.As a result,N Series backhoe lifting _ j capabilities outperform competitive models by as much as 39 percent—while running at low engine RPMs. zoo -,a. -e -4 .4 -2 0 +2 .4 +e +e +10 +t2 Feet Increased loader lift,breakout,reach y The Case N Series machines also deliver more power to the loader,for increased breakout and lift capabilities.The loader A & arms with larger cylinder capacity are stronger and longer, :,� . 4 ,� _ ;� • � 1 � � providing greater loader reach while mechanical stops extend I . „ 4 ,' ' service life and reduce costs.Operators will find dumping material into the center of a truck easier for faster loading and , increased payloads.With the dual parallel linkage,the loader 1 z can balance oversized loads creating an even more versatile f , 7' . tool for the worksite. '," >X77 i4-F y Superior loader lift and breakout force mo' � ` as . 11,674 12000 11,160 Dump r cylinder �a p' r t , 10242 Breakout r 1 ,1: force 1 &000 3 ,•, zr It 4 y 3 k4.. t, : uft f 4'000 CapacM1y ' r�' .� x a� Height ,ora Pot' were " 'r �,3 _ 0 d, -rem . Packet Page-1493- 10/23/2012 Item 16.A.8. ierf Side-lighting improves safety,productivity Case adds to its leadership in product innovation with a high-intensity lighting solution for its N Series loader/ backhoes.The lighting package improves illumination by 28 percent,providing superior visibility and overlapping field coverage.The"easy flex"side lights offer 45-degree rotation to deliver extra lighting where it's needed most. �- a �t The N Series machines light up the entire perimeter of the machine.This means the entire side-to-side range of backhoe movement—and beyond—is illuminated.Additionally,the side lights can be focused to the loader side of the machine to maximize applications such as snow removal or grading.This not only gives the operator a better sense of control,it also boosts productivity at any time of day or night. Superior transmissions The Case N Series introduces a transmission family,the Powershift S-Type,Powershift H-Type and PowerShuttle.All transmission choices are available on the 580SN,580SN WT and 590SN.The 580N offers the Powershift S-Type and PowerShuttle transmissions. The two Pbwershift transmissions include four forward and three reverse gears,and the PowerShuttle transmission offers tour forward and four reverse gears.The Powershift transmission provides a standard kick-down feature and <� introduces the industry-exclusive Smart Clutch modulation. The Smart Clutch feature lets operators customize the transition from forward to reverse to meet the demands of their specific loading applications. A loader/backhoe's versatility includes the ability to drive to a jobsite.The Case machines can travel at up to 24 miles per hour—and the over-center backhoe design makes travel smoother. Auto-Ride ControlTM , - Previously reserved for wheel loaders,the AUTO mode 44se engages Ride ControlTM at elevated speeds helping to reduce spillage and machine looping.This feature not only allows the operator to maintain loader performance at slower speeds,but also features an industry-leading speed adjustment to match operator preference.(4WD only) -; 5 Packet Page-1494- 1 10/23/2012 Item 16.A.8. N SERIES LOADER / BACKHOES di 580N ! 580 Super N 580 Super N Wide Track 590 Super N K l Power Lifts r� ,-" , ` Power Lift enables N Series loader/ �" backhoes to lift and move objects " that may otherwise require an �; 'Ir°'" ',,,-:'-,-1,,,i excavator.Power Lift also lowers � RPMs,giving the operator the ability �,' : to place objects with great precision " while easily communicating with spotters. , rt-Serrated gripper teeth �» : 4. " For operators gripping specific.objects,the Case serrated gripper teeth provide that , extra control and help protect the dipper while moving these objects.When a more aggressive grip is required,Case offers an a optional,more aggressive,longer bolt-on set , of gripper teeth made of hardened steel. The teeth are designed for heavy duty applications and are easily replaceable. Longer loader arms The N Series machines have longer r. loader arms for deeper digging and = better reach.This lets operators '`` „ .. dump material into the center of a truck for faster loading and increased payloads.Thru-pin design ' strengthens geometry and rigidity to ` increase overall powerful design. Auto-Ride Contr a rm Auto-Ride ControlTM with industry-leading adjustable speed settings,allows operators : full control of their load retention and The benefit of the auto mode ,44„.,,,,,,,,,i,,is that when a customer is traveling at w � �' a slower speed,such as pushing into a * , ; ; s spoil pile,they do not need to worry about ' . turning the Ride ControlTM off—the system o automatically turns off.j4W0 ONLY �� I � � .,.."� - Comfort SteerTu �� `; Comfort SteerTM is an option available on ^$ Case loader/backhoes that can cut theme # ;„:).2, number of turns of the steering wheel in half when moving from full right to full left,and --• vice-versa.This feature makes backfilling, h. stockpiling or truck loading considerably gip', ,T faster and easier for the operator. ., -; ' 3 " Packet Page-1495 q " � 10/23/2012 Item A.84.0. ,-, 3.4-liter turbocharged engine - �,. All N Series machines feature a proven,3.4-liter,certified Interim Tier 4 Case engine.This engine bums i cleaner and delivers increased fuel savings of at least 4 percent under 4, normal operating conditions. . Ground level maintenance The N Series loaderlbackhoes �' ' z Offer Case hallmark ground-level maintenance,Including grouped service points and sight gauges for easy daily monitoring. Diagnostic ports Hydraulic diagnostic ports allow • t customers quick,easy access to test hydraulic system pressures. m The ports are co nvenierdly grouped f in a single location.There is no b- longer a need for the technician to �,., crawl under a machine to capture hydraulic port data. w Remote jump-start terminals/ battery disconnect switch The battery disconnect switch is located under the hood,which means that customers• . now have a secure machine disconnect , option.Packaged with the option is the remote jump-start terminal.This single"hot" terminal gives customers a quicker,safer option for jump-starting the machine. r Transmission options �. � � The N Series offers the Powershift S-Type,Powers hift H-Type and ` PowerShuttle transmission options. " ° All are available on the 580SN, [ e.;,....,..,'�° � 580SN WT and 590SN.The 580N • � � �� offers the Powershift S-Type and PowerShuttle transmissions. a ��.�� r �� ,��'....''';',4,..'-'.',.,.-.,,;�� 360 degree exterior lighting The N Series machines all feature s � high-intensity exterior lighting, „ #, including industry-exclusive,adjustable. ." atier� '� � side lighting.Combined with front ? - � -, ~ and back lighting,the N Series � � ° ." � � provides full 360 degree lighting of r � - the jobsite,greatly improving safety . a ? �� and nighttime productivity. �a q y 7 �` -{ � iii Af'SS gg 5.* .S 3 day A'� +li.', m 3: j� • ,,,, b1 VS 4s � :4'.'',i,7-7 k.,;" � T3 ,ASb»'e: 1 �� Packet Page-1496- .ry.��:�:;�r'��.�'� .. tip �Yr�._ ,. I 10/23/2012 Item 16.A.8. N SERIES LOADER / BACKHOES 580N 580 Super N 580 Super N Wide Track 590 Super N q ps'^` �` 4, ,h v3 CS'. a z„ 1? 2 Cab improves visibility,airflow,comfort and control ` ,a , Several comfort and safety features in the N Series loader/ . backhoes boost operator productivity: . F. Floor-to-ceiling windows provide superior visibility.Opening rear-quarter windows provide easy communication to the j operator from the side of the machine and improve cross-ventilation comfort. As in previous models,the N Series loader/backhoes include ~` comfortable,adjustable operator seats and ergonomically placed controls along with all-season heating and air conditioning systems for increased operator comfort. The N Series cabs are also among the industry's quietest— �« at 72 decibels—providing an environment in which the operator can concentrate on the task at hand. -_ - With fully adjustable control columns,armrests and wrist positioners,as well as a footrest,any operator will feel completely in control and relaxed while using the Case pilot control system.With additional machine control features such as PRO CONTROL(swing dampening),Ride ControlTM (load balancing)or Comfort SteerTM(reduces lock-to-lock steering wheel rotation),productivity is second nature in any 1 N Series tractor loader/backhoes. , :11, ,, ---"‘to.,,„ i ,4 `, s 'p Y y." p. , j7( r III A- . Packet Page-1497- 10/23/2012 Item 16.A.8. - ________ - Easy maintenance and service Case knows that the easier it is to perform routine maintenance,the more likely it will get done.A hallmark of - Case equipment design is easy groundline access to daily maintenance checkpoints. The N Series machines offer swing-out coolers that are easy to access.You can service the machine's axles—equipped with outboard-mounted wet disc brakes—without complete disassembly,The flip-up hood,spin-on filters,grouped site gauges and hydraulic diagnostic ports all help reduce routine maintenance time. . t,6 ; : .— -$ ` Case also has added components that eliminate the need for $ ,T service,including an automatic belt tensioner,lube-for-life -- `=o $ a u-joints and hardened steel triple-bushed joints. , 4 Add up all the maintenance and service advantages of the ' 7. - . Case N Series,and you get a loader/backhoe that will be . ,' # ` . �4 productive on the jobsite for years to come. �,, " , - Interim Tier 4 solution Case understands that power and performance are critical to the success of a machine,but customers are asking for. 6 a cleaner,more fuel-efficient design.All N Series machines now offer a proven,3.4-liter,Interim Tier 4 Case engine.This - engine burns cleaner than previous models meeting Interim Tier 4-certified emission levels,and delivers increased ,' " q ` u- fuel savings of at least 4 percent under normal operating -' conditions.Case continues its heritage featuring a parent a metal-bore block with an integral oil cooler and automatic g belt tensioner.These features add up to longer engine life, H, t ''',7j' . greater reliability and easier serviceability, . =w_ .0i. Contained within the engine compartment and under the lockable,flip-up hood is Case's battery disconnect switch. By placing this option underneath the hood,customers now ti ," have peace of mind when securing the machine at the end of a shift.Partnered with the battery disconnect switch is the easily accessible remote jump-start terminal,providing the 1' L''''',,',.,`,4-.$ , ' ,�� customer a safer jump-starting alternative. ,Ar , " . n4Y / mss; .4 y + "�? , "v 8 '" - "A - l g bK z.P' .° ,6 A 7 Rr q S y ■ I °Y_ - Packet Page-1498- 10/23/2012 Item 16.A.8. N SERIES LOADER / BACK 580N 1 580 Super N p, 580 Super N Wide Track 590 Super N w Increase productivity with attachments Case wrote the book on attachment versatility.In fact,we were the first manufacturer to offer a hydraulic quick-coupler on our loader.We're the only manufacturer to offer an integrated hydraulic quick-coupler on our backhoe,and we have engineered that � . . � °� quick-coupler so there is no loss of breakout force. Hydraulic quick-cou lers let the o erator exchange buckets and many attachments without ever leaving the cab.This means you can '� change buckets with ease or switch from a bucket to forks or other attachment,and back again,in seconds. �� _ Popular attachments include hydraulic augers,hammers and tampers h sRT for the backhoe,and forks,grapples,rakes,brooms,snow blades � aucKer Toorn SYSTEM and combination buckets for the loader.In all,more than two dozen loader attachments are available for Case N Series loader/backhoes. ` � �� '.:7' �` Smart Fit Teeth % 'x � � J� _ 4) = A patented,new tooth system featuring hammerless fastener � a � � � '� ,,d technology,the SmaFitTM design improves digging performance , �;`Iw,C1 rc by combining a strong,square adapter nose for extra strength with � � - heavier,longer-lasting,self-sharpening teeth.Reusable,hammerless f , . , —. rM fasteners simplify tooth installation and replacement. A_ .'-,'-...'..14-'7"+,44,,,-.- 9 A k '+'' "t" x1.04 1' a s r r `Y�rte';"� ,°`c :". a�' P 7:7:,:,.:;:i l,!:: i , i' r'' 'K �" "'� Y .PY. 3. to.' I" n k?:" 'kvR,xsta : i*iiii1:' `s a°.. sr,,, n F' : r a n^,,, , *`8�,."� .�.,-., ,.,�+ ,.„ '... ..w. .,.. . a - � m mc+ k i kias. Aa a_te t`h.. ,,a. ,= , s '' Y ds i �!A .a ,� `` r t >-,7 *m �C� ; r.4..,...._ r,,," s t r, ,,,,4-4,:',.;..� t I Xv a r `` .,wr ;:'''''''="i';4.'''," 4 Z „ a..".. .dfl..,r e . u" N��k . .xd ..o 'y Qw r"t� '�}" ,.' �f i V4 y� , r 2 Packet Page-1499- 10/23/2012 Item 16.A.8. • You can count on Case k :; You can count on Case and your Case dealer for full-service solutions— a productive equipment,expert advice,flexible financing,genuine Case parts and fast service.We're here to provide you with the ultimate ownership experience ,f Case pride You can take pride in the Case name on your machine.ft's backed by more than a century of productivity and performance.Case and your Case dealer are here for you,not only when you buy the machine,but also after you put 1,000 or 10,000 hours on it. hd A rich,proud history Case Construction Equipment's heritage spans over 170 years.Growing ' from J.I.Case's innovations with steam-powered machinery in the late 1800s, " Case developed road-building equipment that helped create early 20th century streets and highways across the world..By 1912,Case was well on its way to establishing itself as a full-line equipment manufacturer.The company continued , to expand its construction equipment business over the next 45 years. �— w Celebrating a tradition of innovation ' produced the world's first factory In 1957,Case p ry integrated loader/backhoe made and warranted by one manufacturer.Over the decades and into the 21st century, Case has continued to develop a long line of industry firsts and has taken a leadership role in pioneering new products and solutions.Today,Case produces 15 lines of equipment and more than 90 models to meet your toughest 9 Supported by manufacturing ��' `� construction challenges.Su orted b manufacturin and sales in more than 150 countries,Case serves the needs of our customers worldwide. The Case loader/backhoe history has included a number of important"firsts"— ; 4 � such as the Case-patented Extendahoe extendible dipper stick,return-to-dig � y and return-to-travel functionality,Ride ControlTM,side lighting and the Case -1,1 x trademark over-center boom design—that evolved the loader/backhoe into an indispensably versatile fixture in the construction equipment industry. Coast-to-coast customer support o' �"• /'.P , ,'2.. In North America,Case equipment is sold and serviced by more than 375 dealer locations.No matter where you work,we're here to support and protect your investment and exceed your expectations. To locate a Case dealer or learn more about Case equipment or customer service,go to www.casece.com or call 1-866-54CASE6.For flexible options,dependable parts and fast service,your Case dealer is here to meet your needs. It all adds up.You can count on Case. . i Case Delivers Full-Service Solutions EQUIPMENT I FINANCING I PARTS&SERVICE Packet Page-1500- 10/23/2012 Item 16.A.8. N SERIES LOADER / BACKHOES 1 580 N Super N Super N WT Engine power(Net) 78 hp(58 kW) 95 hp(71 kW) 95 hp(71 kV • Backhoe dig depth 14 ft 6 in(4.41 m) 14 ft 6 in(4.41 m) 14 ft 7 in(4.43 m) Backhoe bucket force 11,333 lb(50 412 N) 14,223 lb(63 267 N) 14,831 lb(65 972 N) Loader lift capacity 6,803 lb(3086 kg) 7,044 lb(3195 kg) 8,425 lb(3822 kg) 580N Operating weight 14,564 lb(6607 kg) 16,239 lb(7366 kg) 19,985 lb(9065 kg) Biodiesel compatibility B5 Compatible 85 Compatible B5 Compatible 590 SuperN , Engine power(Net) 108 hp(81 kW) y, Backhoe dig depth 15 ft 6 in(4.72 m) Backhoe bucket force 15,652 lb(69 623 N) 580 Super N Loader lift capacity 8,425 lb(3822 kg) Operating weight 20,458 lb(9280 kg) Biodiesel compatibility 85 Compatible =s ,`` 580 Super N WT 4 .T '. .. � y _ NOTE All engines meet current EPA emission regulations. 590 Super N NOTE All specifications are stated in accordance with SAE Standards or Recommended Practices,where applicable. IMPORTANT:Case Construction Equipment Inc.reserves the right to change these specifications without notice and without incurring any obligation relating to such change.Availability of some models and equipment builds vary according to the country in which the equipment is used.The illustrations and text may include optional equipment and accessories and may not include all standard equipment.Your Case dealer/distributor will be able to give you details of the products and their specifications available in your area. ©2012 CNH America LLC.All rights reserved.Case is a registered trademark of CNH America LLC. Any trademarks referred to herein,in association with goods and/or services of companies other than CNH America LLC,are the property of those respective companies.Printed in U.S.A. Ak SAFETY'" Always read the Operators Manual before operating any equipment - Inspect equipment before using tt,and be sure tt is operating property. NEVER HURTS ,,F ; r — Follow the product safety signs and use any safety features provided. ..,�. Form No.CCE201205NSeriesLB Replaces Form No.CCE201106NSeriesLB fr F k " Contains 10% B%Od/PSef Case construction equipment L� •' I' post-consumer fiber AF.at/j! is biodiesel friendly. ". CASE I CASE • , Loakinq for product specs custom' i esbrnoI �I'. t camp :hive cclr ew-IS:nS finance of'ars amid mote'! � Visit us at www.casece.com or call 866-54CASE6 Packet Page-1501- 10/23/2012 Item 16.A.8. CASE 580 N LOADER / BACKHOE CONSTRUCTION TIER 4 INTERIM CERTIFIED ENGINE POWERTRAIN OPERATOR ENVIRONMENT Model Case F5C Diesel, Transmission-standard: ROPS/FOPS certified protective canopy; Tier 4 Interim Emissions Certified 4F-4R Power Shuttle Synchromesh Anti-vandalism cover for dash(with canopy only); Type 4-stroke,turbocharged Transmission manual gear shift fully Rear fenders extensions;Coat hook w/garment Cylinders 4 synchronized wide x1275 mm high;Non tsuspension seat m Bore/Stroke 3.9 in x 4.33 in Transmission-optional: 180°swivel-Vinyl;2 in(50 mm)retractable (99 mm x 110 mm) Powershift S-Type,4F-3R fully synchronized seat belt;Cup holder/storage tray mounted Displacement 207 in'(3.4 L) NOTE:Specifications below apply to both Power on left-hand fender,Right-hand storage Shuttle and Powershift S-Type transmission unless compartment w/lid. Fuel injection Direct high pressure otherwise indicated. Gauges: common rail Fuel Diesel Gear ratios Forward/Reverse Engine water temperature;Converter 1st 5.603/4.643 oil temperature; Fuel level;Tachometer/ Fuel fitter w/water trap 2nd 3.481/2.884 hourmeter;Voltmeter. Air intake Cross-flow 3rd 1.584/1.313 Warning lights: Cooling Liquid 4th 0.793/0.657* Air cleaner restriction;Alternator;A/C high Travel speeds: pressure;Cold start;Engine oil pressure low; Engine speeds' RPM Hydraulic oil filter bypass;Parking brake Rated speed,full load 2200 Forward Reverse engagement;Low fuel. Low idle 875-1025 mph(km/h) mph(km/h) High idle,no load 2300-2450 1st 3.8 (6.1) 4.5(7.3) Audible alarms: Horsepower 2200 RPM: 2nd 6.1 (9.8) 7.3(11.7) Coolant temperature;Engine oil pressure; Gross 85 hp(63 kW) 3rd 12.9(20.8) 15.5(24.9) engagement/seat engagement; sition; Backup. Net w/viscous fan" 83 hp(62 kW) 4th 24.3(39.1) 29.1 (46.9)' g g p p' Net 78 hp(59 kW) Torque converter ratio 3.2 Horn-dual switched front and rear. Maximum torque at 1400 RPM: Differential lock On-the-go Gross 276 lb-ft(374 N-m) push-button activation Net w/viscous fan 274 lb-ft(372 N-m) OPERATING WEIGHT Net 268 lb-ft N-m 364 Front 4WD/Rear axle: ( ) Configuration 1-SAE Transport: Torque rise at rated speed 36% Differential ratio 2.0/2.5 Planetary hub ratio 6.0/6.4 Standard dipper,82 in(2.08 m)LL bucket, Radiator. 2WD,17.5 L x 24 rear tires,24"Trenching Core type Square wave Total reduction ratio 12.0/16.0 bucket,standard cast stabilizer pads,ROPS Care size area 486 in2(3145 cm') Service brakes: canopy,vinyl-suspension seat,dual battery, Rows of tubes 4 Individually applied,power assisted, no operator,fully fueled: 39 degree fan: hydraulically actuated,maintenance-free, 14,564 lb(6607 kg) Style 7 blade suction self-adjusting,outboard mounted,wet disc, Configuration 2-SAE Transport: Diameter 19.65 in(499 mm) 2 per side. Ratio 1.1:1 Disc area 384 in2(.25 m2) Extendahoe dipper,82 in(2.08 m)bucket, 4WD,19.5 L x 24 rear tires,24 HD bucket, Water pump style Integral Parking brakes: flip stabilizer pads,ROPS cab,cloth,air Engine oil pump: Trans Mounted spring applied hydraulic suspension seat,dual battery,no operator, Deep sump plate cooler release(SAHR). backhoe mechanical quick coupler, with pressurized under-piston nozzles 1,100 lb(500 kg)counterweight and NOTE:Travel speeds at 2.293 engine RPM with Pump operating angle ratings: 19.5 L x 24 tires.Speeds decrease with 40 gal(151 L)plastic fuel tank: Side-to-side Rated 35° 17.5 L x 24 rear tires.4R not available on 17,454 lb(7917 kg) Fore and aft Rated 35° Powershift S-Type. Oil filtration Replaceable, Add-on weights: full-flow spin-on Buckets: ELECTRICAL NOTE:'Meets federal emission regulations. 4 IN 1 bucket 1,451 lb(658 kg) '"Viscous fan included with Cab Voltage 12 Volts,negative ground Convenience package. 82 in(2.08 m)General Purpose: Alternator 120 amp eneraurpose683 lb(310 kg) Battery 850 cold-cranking amps 93 in(2.36 m)General Purpose: Opt.batteries(2) 850 cold-cranking amps 1,188 lb(539 kg) Power plugs(2) 30 amps total 0 • Paae 1 of 7 , Packet Page-1502- , I 10/23/2012 Item 16.A.8. OPERATING WEIGHT (corm.) . 24 in(610 mm)Heavy-Duty Universal: HYDRAULICS (coorr.) OTHER SPECIFICATIONS (CONTINUED)427 lb(193.5 kg) SPECIFICATIONS(CONTINUED) Unidirectional Auxiliary Hydraulics: . Turning diameter Cab(over canopy) 0 lb(0 kg) Unidirectional hydraulic valve is equipped 2WD: Fabricated Stabilizer pads 141 lb(64 kg) with an adjustable LS relief valve to control Brakes on 10 ft 8 in(3.24 m) attachment pressure and a 6 position flow Brakes off 12 ft 4 in(3.79 m) Counterweights 700 lb(318 kg) control selector for 6 detented,distinct Extendahoe® 285 lb(129 kg) flow settings. 4WD-engaged: Actuation: Brakes on 11 ft 4 in(3.45 m) 4WD w/driveshaft guard 283 lb(128 kg) Manual backhoe controls-Cab floor pedal Brakes off 13 ft 10 in(4.21 m) Pilot controls-Left hand joystick 4WD-disengaged: HYDRAULICS Brakes on 11 ft 0 in(3.36 m) SERVICE CAPACITY Brakes off 12 ft 3 in(3.72 m) Pump: Parker P330 Single Section Gear Pump Fuel tank 42 gal(159 L) NOTE:Turning radius dimensions curb to curb w/17.5 L x 24 rear tires and 4 in 1 bucket. Standard main relief pressure: Hydraulic system: Loader bucket sizes: 3,350+/-50 psi 6128.5 gpm Total 112 qt(106 L) (231 +/-3.5 bar 0 108 L/min) w/Extendahoe• 118 qt(111.7 L) Width Weight Struck Heaped Filtration: Reservoir w/filter 58 qt(55 L) Long Lip Bucket w/o bolt on edge 7-micron,return line,full flow,spin-on Reservoir w/o filter 56 qt(53 L) 82 in 683 lb 0.87 yd' 1.03 yd' element,condition indicator light for fitter. Transmission-total system: (2.08 m) (310 kg) (0.67 m3) (0.79 m') Oil cooler Heavy-duty 2WD Standard 18 qt(17 L) 93 in 1,188 lb" 1.07 yd" 1.25 yd' Loader flow©rated engine RPM: 2WD Powershift 23 qt(21.7 L) (2.36 m) (539 kg) (0.82 m3) (0.96 m') 28.5 gpm©3,000 psi 4WD Standard 21 qt(19.4 L) 4 IN 1•Bucket w/bolt on edge (108 L/min©207 bar) 4WD Powershift 22 qt(20.7 L) 82 in 1,451 lb" 0.85 yd' 1.04 yd' Loader control valve: (2.08 m) (658 kg) (0.65 m') (0.80 m") 4WD Front axle: Two or three spool open center monoblock Differential 8.1 qt(7.7 L) Backhoe: valve.Two&three spool valves have a single lever manual control for lift and tilt functions. Planetaries(each) 0.5 qt(0.5 L) Over center design,fabricated"S"boom; Open-center hydraulics-pro control system; Three spool valve uses a proportional Electro- Rear axle: 15,700 Ib•ft(21 297 N.m)swing torque; 198° Hydraulic control for the auxiliary function.The Differential&Planetaries 14.4 qt(13.6 L) bucket rotation; Foot-swing w/3 lever control; lift lever has a positive hold"Float"position and a"return-to-dig"feature.System Main Relief Engine oil w/fitter 14.4 qt(13.6 L) Wing stabilizers w/cleated dirt pad. valve is single stage with Manual Backhoe Cooling system: Backhoe bucket sizes: Controls,dual stage relief valve with Pilot Width Wei ht Heaped Backhoe Controls. w/heater 17.8 qt(16.8 L) 9 w/o heater 17.0 qt(16.1 L) General Purpose Trenching Buckets Loader auxiliary hydraulics proportional thumb switch w/detent on loader control handle. Window washer reservoir 3.0 qt(2.8 L) 18 in 231.5 lb 4.7 ft' Loader auxiliary hydraulics with full available (457 mm) (105 kg) (0.13 m� flow: 24 in 272 lb 6.26 ft' 0-28.5 gpm OTHER SPECIFICATIONS (610 mm) (123.4 kg) (0.18 m3) (0-108 L/min) Front tires: Universal Buckets Backhoe flow®rated engine RPM: 2WD-11 L x 16, 10-ply rating 12 in 294.5 lb 3.40 ft' 28.5 gpm 0 3,000 psi 4WD-12 L x 16.5,8-ply rating (305 rum) (133.6 kg) (0.10 m3) (108 L/min©207 bar) Rear tires: 18 in 356.3 lb 5.30 ft' Manual Backhoe Control Valve: 2/4WD-19.5 L x 24,10-ply rating (457 mm) (161.6 kg) (0.15 m') Six or Seven spool monoblock Open Center 2/4WD-17.5 L x 24,10-ply rating 24 in 426.6 lb 7.70 ft' control valve. Features"Pro-Control" 2/4WD-16.9 L x 28,10-ply rating (610 mm) (193.5 kg) (0.22 m5) which includes custom designed spools for Loader: 30 in 489.4 lb 10.2 ft3 each individual function along with"swing Bucket position indicator,Lifting lugs on (762 mm) (222 kg) (0.29 m') cushioning"valve for zero-wag swing control. standard bucket;Single lever control with Basic control valve has an open center parallel self-leveling and return-to-dig; Hand operated 36 in 552.3 lb 12.7 ft 3 circuit for all functions. clutch disconnects on loader and shift levers, (914 mm) (250.5 kg) (0.36 m3) Pilot Backhoe Control Valve: single lever 4 function loader control:lift, High Capacity Buckets Six,seven,or eight-spool sectional Closed dump,clutch cut-out,differential lock 24 in 446.7 lb 8.50 ft3 Center control valve.Features"Pro-Control" (610 mm) (202.6 kg) (0.24 m') which includes custom designed spools for each individual function along with"swing NOTE:'weight of 4 IN 1 bucket includes edges, cylinders,and tube lines. cushioning"valve for zero-wag swing control. Basic control valve is closed center,with circuits in parallel with a post-compensated, flow sharing feature for simultaneous operation of all circuits. FAMI•Pana 7 of 7 Packet Page-1503- 10/23/2012 Item 16.A.8. ti1/4,Vr \ . 11110.110.'VI4111,7■MINII■ j\ "OW O \---0-•� /o� 0 D r —F—I\ • • ° A N hJ B . '. ° Alliall1111=,4�=�;_.�.,. E ,Ini,:..40--... .,.,A11. wimolsvi e7_______L_‘ti i *k''!! 0 1 Erall bop---- i ik ,,, lc � 1 , O L K . M LOADER DIMENSIONS* Long Lip Bucket 4 IN 16 Bucket A. Overall operating height-fully raised 13 ft 9 in(4.18 m) 13 ft 8 in(4.16 m) Height to: B. Bucket hinge pin fully raised 11 ft 3 in(3.42 ml 11 ft 3 in(3.42 m) C. Bucket hinge pin 42 SAE carry 1 ft 2 in(345 mm) • 1 ft 2 in(345 mm) D. Dump angle 0 full height 47° 47° E. Dump clearance(full height,45°dump: Afillk Bucket 8 ft 10 in(2.69 m) 8 ft 11 in(2.71 m) Clam open NA 9 ft 8 in(2.96 m) % F. Dump reach @ full height,45°dump: Bucket 2 ft 8 in(801 mm) 2 ft 5 in(738 mm) Clam open NA 1 ft 3 in(388 mm) Bucket rollback: G. ®groundline 42° 42° H. @ SAE carry 42° 42° J. @ full height Adjustable Adjustable K. Digging depth below grade: Bucket flat 6.1 in(155 mm) 4.8 in(122 mm) Clam open(dozing) NA 4.1 in(103 mm) L. Reach from front axle centerline-bucket on ground 6 ft 1 in(2.08 m) 6 ft 1 in(2.03 m) Lift capacity to full height 6,803 lb(3086 kg) 6,454 lb(2930 kg) Breakout force: Lift cylinders 9,506 lbf(4228 daN) 9,276 lbf(4126 daN)' Dump cylinders 10,622 lbf(4724 daN) 11,312 lbf(5032 daN) Bucket cutting edge width 82.5 in(2.09 m) 82 in(2.08 m) Maximum grading angle 114° 114° Maximum clam opening NA 38.3 in(972 mm) Moldboard height NA 36.8 in(934 mm) Raising time to full height . . 4.6 sec 4.6 sec Bucket dumping time 1.1 sec- 1.1 sec Lowering time: Power down 2.6 sec 2.6 sec Return-to-dig 3.6 sec 3.6 sec Clam: Open time NA 1.0 sec Close time NA 1.0 sec NOTE:Loader dimensions taken with 4WD,19.5 L x 24 rear tires. cgnN•Pans 3 of 7 Packet Page-1504- 10/23/2012 Item 16.A.8. DIMENSIONS 2WD w/19.5 L x 24 tires 4WD w/19.5 Lx 24 tires M. Overall transport length: Long Up bucket w/Quick Coupler 23 ft 5 in(7.14 m) 23 ft 4 in(7.10 m) 4 IN 1•bucket w/Quick Coupler 23 ft 3 in(7.07 m) 23 ft 1 in(7.04 m) Long Up bucket w/Straight Links 23 ft 6 in(7.15 m) 23 ft 4 in(7.12 m) 4 IN 1°bucket w/Straight Links 23 ft 3 in(7.09 m) 23 ft 2 in(7.06 m) Overall transport width(rear tires) 6 ft 10 in(2.07 m) 6 ft 10 in(2.07 m) Height To top of canopy 8 ft 9 in(2.66 m) 8 ft 9 in(2.66 m) To top of cab 8 ft 11 in(2.72 m) 8 ft 11 in(2.72 m) To top of exhaust stack B ft 7 in(2.62 m) 8 ft 7 in(2.61 m) N. Transport 10 ft 10 in(3.30 m) 11 ft 1 in(3.37 m) Ground clearance at backhoe frame 15 in(380 mm) 15 in(380 mm) Angle of departure 15.3° 19° Front wheel tread: 11 L x 16 67.5 in(1.71 m) 67.5 in(1.71 m) 12 L x 16.5 67.7 in(1.72 m) 67.7 in(1.72 m) Rear wheel tread: 17.5 L x 24 63.1 in(1.60 m) 63.1 in(1.60 m) 19.5 L x 24 61.2 in(1.55 m) 61.2 in(1.55 m) Width over tires: 11 L x 16 79.3 in(2.01 m) 79.3 in(2.01 m) 12 L x 16.5 81.1 in(2.06 m) 81.1 in(2.06 m) 17.5 L x 24 81.7 in(2.07 m) 81.7 in(2.07 m) 19.5 Lx 24 81.4 in(2.07 m) 81.4 in(2.07 m) 0. Wheelbase 84 in(2.13 m) 84.5 in(2.15 m) CYLINDERS Bore Diameter Rod Diameter Stroke Closed Length Loader: Lift(2) 3.25 in(82.6 mm) 1.75 in(44.5 mm) 28.86 in(733 mm) 41.81 in(1062 mm) Dump(2) 3.00 in(76.2 mm) 1.5 in(38.1 mm) 20.33 in(516.5 mm) 30.31 in(769.9 mm) 4 IN 1•clam(2) 3.00 in(76.2 mm) 1.75 in(44.5 mm) 9.08 in(230.6 mm) 19.62 in(498.3 mm) Backhoe: Boom 4.5 in(114.3 mm) 2.25 in(57.2 mm) 38.22 in(971.5 mm) 52.82 in(1341.6 mm) Dipperstick 4.25 in(108 mm) 2.25 in(57.2 mm) 25.14 in(628.5 mm) 39.65 in(1007 mm) Bucket 3.25 in(82.6 mm) 2.25 in(57.2 mm) 35.35 in(897.9 mm) 48.17 in(1223.6 mm) Extendahoe• 3.00 in(76.2 mm) 1.75 in(44.5 mm) 42.05 in(1068 mm) 56.22 in(1428 mm) Swing(2) 3.75 in(95.3 mm) 2.0 in(50.8 mm) 11.5 in(292 mm) 24.44 in(620.8 mm) Stabilizer(2) 4.25 in(108 mm) 2.25 in(57.2 mm) 21.37 in(542.9 mm) 33.87 in(860.2 mm) AXLE RATINGS Front-2WD Rear Front-4WD Maximum static 70,821 lb(32 124 kg) 90,145 lb(40 889 kg) 64,613 lb(29 308 kg) Dynamic operating 44,261 lb(20 076 kg) 56,200 lb(25 492 kg) 39,328 lb(17 839 kg) Static operating 17,704 lb(8030 kg) 22,480 lb(10 197 kg) 15,732 lb(7136 kg) Oscillation(front axle) 22°total-11%side to side - 22°total-11%side to side aanni•Dnnc A M 7 Packet Page-1505- 10/23/2012 Item 16.A.8. BACKHOE LIFT CAPACITIES Standard Backhoe Extendahoe• Retracted Extended Aliftk •Boom Lift Backhoe Lift Capacity Backhoe Lift Capacity Backhoe Lift Capacity lb(kg) lb(kg) lb(kg) +16 ft(4.87 m) - _ - 1,693(768) +14 ft(4.27 m) 2,472(1121) 2,271(1030) 1,979(897) +12 ft(3.66 m) 2,857(1296) 2,644(1199) 2,124(964) +10 ft(3.05 m) 2,966(1345) 2,748(1246) 2,172(985) +8 ft(2.44 m) 2,983(1353) 2,761 (1252) 2,169(984) +6 ft(1.83 m) 2,963(1344) 2,739(1242) 2,173(985) +4 ft(1.22 m) 2,929(1329) 2,701 (1225) 2,165(982) +2 ft(0.61 m) 2,892(1312) 2,662(1207) 2,153(977) Ground Level 2,858(1297) 2,625(1191) 2,153(977) • -2 ft(0.61 m) 2,834(1285) 2,598(1178) 2,145(973) -4 ft(1.22 m) 2,827(1282) 2,588(1174) 2,143(972) -6 ft 1.83 m) 2,853(1294) 2,609(1183) _ 2,154(977) -8 ft(2.44 m) 2,949(1338) 2,698(1224) 2,189(993) -10 ft(3.05 m) 3,319(1506) 3,053 1385) 2,270(1030 -12 ft(3.66 m) - - 2,429(1102) -14 ft(4.27 m) - _ - 3,115(1413) Dipper Lift +14 ft(4.27 m) - - 3,154(1431) +12 ft(3.66 m) 4,343(1970) 4,139(1877) 2;981 (1352) +10 ft(3.05 m) 4,027(1827) 3,826(1735) 2,823(1281) +8 ft(2.44 m) 4,112(1865) 3,910(1774) 2,855(1295) +6 ft(1.83 m) 4,563(2070) 4,357(1976) 3,010(1365) +4 ft(1.22 m) 5,398(2449) 5,177(2348) 2,948(1337) +2 ft(0.61 m) - - 3,486(1581) BACKHOE OPERATIONAL DATA Extendahoe• Standard Backhoe Retracted Extended Digging depth: Maximum 14 ft 10 in(4.5 m) 14 ft 9 in(4.5 m) 18 ft 3 in(5.55 m) 2 ft(610 mm)flat bottom 14 ft 8 in(4.46 m) 14 ft 8 in(4.46 m) 18 ft 1 in(5.52 m) 8 ft(2.44 m)flat bottom 13 ft 8 in(4.16 m) 13 ft 8 in(4.16 m) 17 ft 4 in(5.29 m) Overall reach from: Rear axle centerline 21 ft 11 in(6.68 m) 21 ft 11 in(6.68 m) 25 ft 4 in(7.72 m) Swing pivot 18 ft 4 in(5.57 m) 18 ft 4 in(5.57 m) 21 ft 8 in(6.6 m) Loading height 11 ft 9 in(3.59 m) 11 ft 9 in(3.59 m) 14 ft 1 in(4.30 m) Loading reach-dipper retracted 6 ft 9 in(2.04 m) 6 ft 9 in(2.04 m) 9 ft 4 in(2.84 m) Swing arc 180° 180° 180° Bucket rotation: Straight links 175.6° 175.6° 175.6° Mechanical coupler 198° 198° 198° Stabilizer spread-centers Flip pad 9 ft 5 in(2.87 m) 9 ft 5 in(2.87 m) 9 ft 5 in(2.87 m) Cast Pad 9 ft 9 in(2.97 m) 9 ft 9 in(2.97 m) 9 ft 9 in(2.97 m) Digging force: Bucket cylinder 11,334 lbf(50 414 N) 11,334 lbf(50 414 N) 11,334 lbf(50 414 N) Dipper cylinder 6,710 Ibf(29 484 N) 6,710 lbf(29 484 N) 4,887 lbf(21 738 N) Leveling angle: Flip pad 12.8° 12.8° 12.8° Cast pad 13.8° 13.8° 13.8° 580N•Page 5 of 7 Packet Page-1506- 10/23/2012 Item 16.A.8. STANDARD EQUIPMENT OPERATOR ENVIRONMENT POWERTRAIN OTHER See page 2. Front axle,as selected: Forward tilt engine hood ENGINE 2WD heavy-duty front axle w/11 L x 16 tires Replaceable, molded front bumpers 4WD heavy-duty mechanically driven front Front/rear tie downs Case F5C diesel axle w/12 L x 16.5 tires and drive shaft guard Cooled EGR Rear axle: Reflective logos Diesel Particulate Filter 2/4WD heavy-duty outboard planetary drive Lights-cab and canopy: Full flow engine oil filter w/17.5 L x 24 tires Rear tail/stop(2) Air cleaner-replaceable dry type with radial seal 4F-4R Power Shuttle Synchromesh Front flashers/turn(2) Aspirated air cleaner transmission Rear flashes/tum(2) Muffler,non spark arresting Torque converter-11.8 in(300 mm) Cab only: Radiator with de-aeration bottle On-the-Go electric 4WD control 2 front driving lights(55 W) Antifreeze to -34° F -37°C) Electric F/R shuttle control Adjustable halogen work lights(55 W): ( ) 2 front,2 side(left&right),4 rear Throttles,both hand and foot Electric Differential lock control w/push button activation on the loader control lever Canopy only: Self adjusting belt tensioner 2 front driving lights(55 Glow plugs start Park brake,spring applied,hydraulic release g g ( W) 9 Adjustable halogen work lights(55 W): Inline fuel strainer HYDRAULICS 2 side(left&right),2 rear LOADER Pump 28.5 gaVmin 0 3,000 Ibf/in2 (107.9 Umin 0 207 bar) See page 2. Heavy-duty hydraulic oil cooler BACKHOE 7 micron,spin-on oil filter See page 2. OPTIONAL EQUIPMENT OPERATOR ENVIRONMENT ENGINE POWERTRAIN Auto Ride Control-4WD models Cold Weather Starting Aid: Powershift S-Type transmission,4F-3R Standard Ride Control-2WD models dual 12 Volt batteries fully synchronized, electronic transmission Comfort Steer with momentary latching switch, Block heater controller&kick down in loader control lever two speed steering pump and 3rd/4th (2WD or 4WD) LOADER gear cutout. Heavy-duty outboard planetary drive ROPS/FOPS certified protective cab w/rear Auxiliary hydraulics for loader-mounted w/19.5 L x 24 tires wipers and floor mat equipment with thumb-operated HYDRAULICS proportional control Cab Convenience Package containing: Hydraulic front quick coupler Auxiliary backhoe unidirectional hydraulics Pull-down sunvisor Auxiliary backhoe bidirectional hydraulics: Window washer,front and rear Bolt-on cutting edges Left-hand storage tray Loader linkage w/o loader bucket Hand lever operated for manual controls Deluxe interior package Tool portfolio of additional attachments Button operated for pilot controls Tilt steering column Buckets(see page 2) OTHER Sound Reduction Package for cab models: levels reduced to 72 dB(A) BACKHOE 11 L x 16 10-ply, 12 L x 16.5 8-ply or Right-hand threshold storage box 17.5 L x 24 10-ply front tires Viscous fan Auxiliary hydraulics with flow from 0 to 36 gal/min 19.5 L x 24 10-ply rear tires (0 to 136 Umin) Air-conditioning for cab models Extendahoe Rotating beacon Mechanical suspension seat with flip-up arm Special paint I,adjustable Two lever controls(backhoe or Extendahoe) rests, 180°swivel,cloth or vinyl, Canopy lights-Additional 2 front and 2 rear seat and weight, backrest angle,lumbar and Pilot operated control system halogen lights(55 W) cushion angle Fingertip proportional Electro-Hydraulic Tool box-bolt on,step mounted Air Ride suspension seat with flip-up arm rests, stabilizer controls 180°swivel Thumb-operated proportional Electro- Lift hooks-export Electric height adjustment,adjustable back rest Hydraulic Extendahoee control Front counterweights: and lumbar support-cab units cloth,canopy Thumb-operated horn button 700 lb and 1,100 lb(318 kg and 500 kg) units vinyl Thumb-operated auxiliary hydraulic control Master disconnect switch and remote jump Pull-down sunvisor for canopy models Infinitely adjustable towers start terminals PY In-cab switchable"excavator to backhoe" Radio,AM/FM Stereo/WB,MP3 aux input control pattern change (cab models) Flip-over stabilizer pads 3 in(75 mm)seat belt for mechanical and air Street/Cemetery Pads suspension seat Case mechanical quick coupler Bucket retrofit kits Buckets(see page 2) crInni•Pana R of 7 Packet Page-1507- 10/23/2012 Item 16.A.8. • This page intentionally left blank. f1CASE '' 866 54-CASE6. NOTE:All specifications are stated in accordance with SAE Standards or Recommended Practices, where applicable. CASE NOTE:All engines meet current EPA emissions requirements. IMPORTANT:Case Construction Equipment Inc.reserves the right to change these specifications CONSTRJCTION without notice and without incurring any obligation relating to such change.Case Construction Equipment Inc.does not warrant the safety or reliability of attachments from other manufacturers. Case is a registered trademark of CNH America LLC.Any trademarks referred to herein,in associa- tion with goods and/or services of companies other than CNH America LLC,are the property of those www.casece.com respective companies. Form No.CCE201207580N Printed in U.S.A. ©2012 CNH America LLC Replaces form no. CCE201111580N 580N•Page 7 of 7 All Rights Reserved Modest Ready AU Case construction eouioment is biodiesel ready. Packet Page-1508- Online Purchase-Print Tickets to Paper 10/23/2012 Item 16.A.8. C 'b E �.P,'`. it%T E f I-i t L I 7A Y OCTOBER 18- 21, 2012 COACHMAN PARK CLEARWATER, FLORIDA your t Ticket ID 192997811 General Admission- Friday Name Christopher Knowles •r • !+� fittt,, ••�- I �1 Section General Admission �•�4'r•�;T;• Coachman Park r 4 ,l I: Row/Seat ,�,�I ' •'y;may:' Price $10.00 1 r + i� �!E Fri.October 19th,2012 ' r 1� Gates 4:00 PM Cony.Fee $1.30 � '11/4 Print Date 10/17/2012 10:40:57 AM CDT Ait safes ans fi .. exchanges or retun 00 NOT CUT? it This ticket is a revocable license.Any violation of law or any other inappropriate behavior by the user of , A•" this ticket during the event may result in revocation.of the license and the user being removed from the ��;�,•r;• �.•� venue with no refund of the purchase price or any associated charges.User of this ticket assumes all rk:FAil i. responsibility for all risk of bodily harm as well as damage to or loss of property while attending this ., . `i •• : ' i' event.WARNING:THIS TICKET IS FOR PURCHASE OR TRANSFER BY ELECTRONIC MEANS =,�f "'�� ONLY.PURCHASE OF THIS TICKET FROM OR SALE BY A THIRD PARTY IS NOT AUTHORIZED. lirf:1,� ` , TICKETS NOT PURCHASED ELECTRONICALLY CARRY A GREAT RISK OF BEING FRAUDULENT. °''' �� VENUE OPERATOR RESERVES THE RIGHT TO REQUIRE PHOTO I.D.FOR ENTRY. .y ^ ` � , ,ate A ro4Yu!J F4 y.. . . ,,. (1-6.,e Original-Cub-an G _ ,. Y' P„„,4.4.•'Yy1? �' 'E f``le '��V�'-...b �pt '1 raxrs e& ...,„„ i .. w ''k.a x.n .. ,au:% a .F i a„ ter-,, �a Valid-Dine in only at these original Pipo 's locations: 9531 Bay Pines Blvd, St Petersburg, Fl 33708 • 727-394-7476 437 Central Ave„ St Petersburg, FL 33701 0 727-823-7476 https://tix.extremetix.com/Online/Tickets.jPYCket Page -1509- 10/17/2012 Online Purchase-Print Tickets to Paper 10/23/2012 Item 16A8. L F_A R'`k1lr-,.T L.F- H 2, L I , ,,,,,,,, Ask OCTOBER 18— 21, 2012 COACHMAN PARK CLEARWATER, FLORIDA This is your tickett ,"< Ticket ID 192997812 General Admission- Friday Name Rhonda Cummings • R. . ,••1 pti•r. fi; ;b _K Section General Admission i •- 1.i�l.�Y`� • Coachman Park _ ., `a:yi .7; Row!Seat .� -,{,• 1.P1 61•. L i•[.1 iii Price $10.00 1; ,F:t • Fn.October 19th,2012 ' Gates 4:00 PM r— �''j. T ti Cony.Fee $1.30 " • Print Date 10/17/2012 10:40:57 AM CDT Aft sales are final.No exchanges o refunds. DO NOT CUT! .,•.�aK This ticket is a revocable license.Any violation of law or any other inappropriate behavior by the user of 1 . this ticket during the event may result in revocation of the license and the user being removed from the �+ { ' venue with no refund of the purchase price or any associated charges.User of this ticket assumes all rc. ''t'.` responsibility for all risk of bodily harm as well as damage to or loss of property while attending this t: .4i.l$ .� 4 event.WARNING:THIS TICKET IS FOR PURCHASE OR TRANSFER BY ELECTRONIC MEANS {; '�?r?"t ONLY.PURCHASE OF THIS TICKET FROM OR SALE BY A THIRD PARTY IS NOT AUTHORIZED. n k:k:r • ti TICKETS NOT PURCHASED ELECTRONICALLY CARRY A GREAT RISK OF BEING FRAUDULENT. , .0010101k `- .". ' - VENUE OPERATOR RESERVES THE RIGHT TO REQUIRE PHOTO I.D.FOR ENTRY. - S , .. ' sI ,. - T O ' lC ban cafe U. ,- ° NS.,a...— s Valid-Dine in only at these original Pipe's locations: 9531 Bay Pines Blvd, St Petersburg, Fl 33708 • 727-394-7476 437 Central Aye, St Petersburg, FL 33701 e 727-823-7476 https://tix.extremetix.com/Online/Tickets.jPp cket Page-1510- 10/17/2012 1 Online Purchase-Print Tickets to Paper 10/23/2012 Item 16.A.8. C LE.a R WA T Er, H 0 L I .'`r „„,:£ i OCTOBER 18- 21, 2012 COACHMAN PARK CLEARWATER,FLORIDA This is your tirktal ' Ticket ID 192997813 General Admission- Friday Name June Marcotte EN L Section General Admission !:41'F 4 , ,i '' Coachman Park � � .I 30 -• Row/Seat + ti Price $10.00 : • *kr . Fr i.October 19th,2012 :+Gates 4:00 PM ; YrT_ • '- Cony.Fee $1.30 Print Date 10/17/2012 10:40:57 AM CDT All sales are final,Noexchange;co ref reds. DO NOT CUT! 3rrb%;.":a G .x.... ,• ..,.... ..,....:'..�.Z-F,'..x.tc... ?. ::..;F.,L 5'EY.+.'.'..:: ,z.u:.),*..4$ .... .:: .'3ib.53:4X^...v..:..T:., h..'::w;: t,, �:,Y ,m. This ticket is a revocable license.Any violation of law or any other inappropriate behavior by the user of 37 r this ticket during the event may result in revocation of the license and the user being removed from the xt, t. n'• venue with no refund of the purchase price or any associated charges.User of this ticket assumes all x _ i4 '04- responsibility for all risk of bodily harm as well as damage to or loss of property while attending this , I.. ` ''. , event.WARNING:THIS TICKET IS FOR PURCHASE OR TRANSFER BY ELECTRONIC MEANS ``+f '' ONLY.PURCHASE OF THIS TICKET FROM OR SALE BY A THIRD PARTY IS NOT AUTHORIZED. TICKETS NOT PURCHASED ELECTRONICALLY CARRY A GREAT RISK OF BEING FRAUDULENT. .btr....:kr. ' - VENUE OPERATOR RESERVES THE RIGHT TO REQUIRE PHOTO I.D.FOR ENTRY.•rf y. d P . ( °m. Ps, 3 ,y § �inaiCu ,6-an Ca e . r ��.• cs; �,_, .. .»w as . xm=•-, § ,,1 � r" a : ro 4a7 i'i� 2 ii:4v « rte'la ca Valid-Dine in only at these original Pipe 's locations: 9531 Bay Pines Blvd, St Petersburg, Fl 33708 • 727-394-7476 437 Central Ave, St Petersburg, FL 33701 • 727-823-7476 https://tix.extremetix.com/Online/Tickets.JPYCket Page-1511- 10/17/2012 10/23/2012 Item 16.A.8. RESOLUTION NO. 12- 177 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DECLARING CRITICALLY ERODED BEACHES IN COLLIER COUNTY AND THE CITY OF NAPLES TO REQUIRE EMERGENCY RENOURISHMENT AND MAKING FINDINGS TO SUPPORT THE PUBLIC PURPOSE OF RENOURISHMENT. WHEREAS, the areas of Collier County beaches in Vanderbilt Beach and the City of Naples Beach just south of Lowdermilk Park have suffered severe beach erosion; WHEREAS, the Board of County Commissioners finds that this severe beach erosion requires emergency renourishment and that the Emergency Truck Haul renourishment proposed by the Natural Resources Department is a viable solution to the erosion; and WHEREAS, the Board of County Commissioners finds that the two areas identified are eligible for the use of Tourist Development Tax funds in compliance with the TDC Category"A" Funding Policy (adopted November 1, 2005) in that the areas are accessible to the public; and WHEREAS, the Board of County Commissioners finds that it is necessary to. allow for an expedited competitive procurement process based on the public emergency; and WHEREAS, the Board of County Commissioners finds this it is necessary to allow the County Manager to approve this contract but not issue the Notice-to-Proceed until contract ratification by the Board of County Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 2005.00J/40 Packet Page-1512- 10/23/2012 Item 16.A.8. 1. The area of Vanderbilt Beach from La Playa (R26) to just south of the Ritz Carlton Hotel (R30) is approximately 4,000 linear feet (LF) and the area of Naples Beach from Lowdermilk Park (R61) to just south of the Naples Golf and Beach Club (R63.5) or 2,500 LF of beach have experienced significant beach erosion. 2. The Emergency Truck Haul renourishment proposed by the Natural Resources Department is a viable solution to the erosion. 3. The emergency renourishment is eligible for Tourist Development Tax Category "A" Funding based on the County's TDC Category "A" Funding Policy (adopted November 1, 2005). 4. An expedited competitive process will be utilized to preserve competition under the County's Purchasing Policy and Florida Statute Section 255.20. A 10-day bid posting period will be implemented rather than the standard 30-day period due to the emergency status of this project. 5. The County Manager is authorized to approve this contract but the Notice- to-Proceed shall not be issued until the contract is ratified by the Board of County Commissioners. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Countyt Ftoni, this 9 day of ©e b ro r- , 2012. = k BOARD OF COUNTY COMMISSIONERS DWIGHT E.>BROClc;,CLSRK COLLIER 97 70.,... FLORIDA i, _l km* FRED W. COYLE, CHAIR Appro "al su ciency; C! 1 1 ofleen M. Greene Assistant County Attorney 2005-001/40 Packet Page-1513-