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Agenda 10/25/2011 Item #10EEXECUTI VE ST1AdMegy 10/25/2011 Item 10.E. Remmmmdatlom a aped a construction contract a Qmfity Evtesprkn USA, Ina, for /1 Bid No. 118167, Mnnkipel Services Testing Unit (MSTU) Impmvemmm to Taylor Road from Pine Ridge Road a 2 &C Bmknd, project No. 60152 -2, in Pine Ridge h du babi Park he the amount of $1,346,946.86 plus a can (10) furrier contingemey of $134,694,60, resulting in a anal connect ofamaumt ass aiml s PQAXCTIVE• To nocrd a construction cvamnt for MSTU Mprov ®cots to Taylor Road from Pine Ridge Rod to 1@C Boulevard m Quality Enteaprias USA, Inc., in accordance with Bid No. 11 -5767, Project No. W182-2 in the amourtof$1,4S1,64L54. CONSIDERATIONS, Canary sniff sum ]ethers inviting WI merchem of the Pine Ridge behonttal Park MSTU m e meeting held on February 25, 2009 W Barron Collier High School, m determine which roadway not drainage improvemmp the MSTU wend W be a roplead within the irdmtriel park using available MSTU fords. The MSTU members corked projects board an their Priority need& On April 14, 2009, item 16B12 was presented and approvd by the Board of Core* Cmhdesioners with a recotameddon bar the Prioritized list of capital improvements within the Pine Ridge hdusitial Park MSTU. Taylor Rod was the secoel ranked Project chose by the MSTU of= the IQGAhport rnmeecdon imprvvemma, which be, ainee been Constrcted. Stiff s-Jecad a comnlant, Agooli, Bieber and Bmdage, to design the penject and subsetskedly requmad ad mceivd bids for the project. Tice ParPOae of the projem IS m Perform mdwey ad drainage work to imProa the opnatoq safety err drainage ofthe mdway. 7lepmjectconsisaofmdmr gthecrosdngtl carsesm Taylor Rod firm 10 fat m 12 feat m the murhern helfMte project, milling resmfeoing the Taylor Roadariamtimkngthendconsmctiegpaved Wdersonbo udesofth mWbvie Pine Ridge Road to 1� Hoadcvad. The project elan includes comtmeriog feeadve dminege improvement m the swales on both sides of Taylor Road and roomstrnetag au of the axiWing driveways Wong the roadway. The project is ensconced comPMely nation the Pere Ridge ldMs Park MSN. The request of bids for the project were subtaited for dvedsemont on August 14, 2011, in the Napiw Daily News. Ova 478 notices ware sent our and 117 bid packages acre m iOcand fiom the Purchasing Depmmhed. A non-mardaa y P Nd mwt g won held m Auguu 25, 2011 a review the bid peninsula and address issues and questions fiom prospective bidders. Six (6) bids Marc Maintained on September 14, 2011. The allowing ads were rewind: Quality Enterprises USA, Ian $1}46,946.86 Better Roads, the. $1,429,088.92 Mitchell &Sark $1,457,438.92 Ajax $1,528,885.59 Boosess $1,626,831.03 Old Caste(APAC) $1,767,68727 The ads were reviewed by Pmnhming staff ad the Trehsporfarion Eninearing DepnLnmt in conjunction pith the pmjea's design proassionsl. Staff mcommmds s nsdiag the conduct a the low*54 responsive ad qualified bidder, Quality Eftholm ses USA, Me. Qality Entapr ors, ^ bid is 9.61% percent belowthe Engineer's Opium of CuW Of$1,490,220.90. Packet Page 869- FISCAL IMPACT: Funds in the amount of $1,481,641.54, including the 10 percent 10/2512011 Item 10.E. contingency of $134,694.68, are available in me Pine Ridge Industrial Park MST➢ fund 132, i-. Project Number 60182, The 10% contingency is for budgemry purposes only, a change order must be processed in order to use these Ponds. LEGAL CONSIDERATIONS- This item has been reviewed and approved by the County Attorney's Office, Is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: The Taylor Road Roadway Improvements, project has no impact on the Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners award Contract No II- 5961, Project No 60182 -2, MSTU Improvements to Taylor Road from Pine Ridge Road to ]&C Boulevard, to Quality Enterprises USA, Ina, In the amount of $1346,946.86 plus a ten (10) percent academics of $1341(594,68. resulting in a total construct amount of $1,481,641.54, and authorize the Chairman to execute the attached contract after review and approval by the County Attorneys Office. Prepared By: Julio F. Comers. Principal Project Manager Transportation Engineering Department Growth Management Division Attachment: (1) Bid Comparison (2) Bid Tab Sheet r (3) Concoction Contract Packet Page 670- 10/25/2011 Item 10.E. COLLIER COUNTY Board of county commissioners Item Number: 10.E. Item Summary: Recommendation to award a construction contract to Quality Enterprises USA, Inc., for Bid No. 11 -5767, Municipal Services Taxing Unit (MSTU) Improvements to Taylor Road from Pine Ridge Road to l &C Boulevard, Project No 60182 -2, in Pine Ridge Industrial Park in the amount of $1,346,946.86 plus a ten (10) percent contingency of $134,694.68, resulting in a total contract of amount of $1,481,641.54. Meeting Bate: 10/25/2011 Prepared By Name: LvnchDiane Tide: Administrative Assistant 9/2912011 3 11,44 PM Submitted by Title: Project T1anager, P6ncipal,Transponation Engine r Name: Ordordso lio 9/2920113.11-45 PM Approved By Name: NauthRookmin Title: MamagemeMBUdget Analyst,Tramponation Adummor Date 9/3012011 1!2821 PM Name: PhawabAntholty Title: P ginecr- Traffic Operations,Transportatlon Engineering& Construction Management Date 9/30/2011 13596 PM Name Orybr esdam Title Project Managcr.Prmupal,Transpoltauon Engine r Date 1012011 115894 AM Name: BerancurNamll Tide: Executive Secrou rs TmnsPartadon Engineering & C Packet Page -671- 10/25/2011 Item 10.E. ^ Dan: 10/612011 8:45:53 AM Name: Bathori Title: Project Manager, Principal,Transporution Engineer Date: 10/10201190746AM Name: CalvettEugene Title: Project Manager, PrincipalJoinsponeuon Engineering & Construction Management Date 10/10/201110,15,17 AM Name CummingsRhonda Title Contracts SpecialisgPurcdasing & General Services Date 10 /I0R0111233A6PM Name: AM1madlay Title :Director - Transportation magmeering,Transporammil Engineering & Construction Management Date 10112/2011 103410 AM Name: CuminingsRmnda Title Commas Speu'allmPurchasing & General Services Date. 10 /13/2011 8:5720AM Name'. CarnGlSteve Title Director - Nmhasing/General Services,Wmhwing Date: 10 /13/2011 235'.06 PM Name'. FederNorman Title Administrator- Growm Management Div,Transpornm[ Date 10.932011 3:31:55 PM Name: March omme iitle Executive Secremay,Tmnspmnatlon Planning Date: 10/14/2011 ]:5526 AM Name: TeachScod Title, Deputy County Ate mey,Commy Attorney Date 10/142011 1ISJ5 AM Name: Klat7kowJeff Title. County Attorney, Dam: 10'142011268: 16 PM Name'. FinnEd Dare:, m1820112:24 38 FM Packet Page 672- Name OchsLeo Title County Managet Date. I0/IR2011 3:14:09 PM Packet Page -6)3- 10125/2011 Item 10.E. r I 4 }� :4X Packet Page -6]0- 10/25/2011 Item 10.E. ie v 3 1 f Packet Page -6]0- 10/25/2011 Item 10.E. 10125/2011 Item 10.E. Packet Page -675- P8S4f E a ^93si' It � s s 3 j 2 M 5 1 G s 5 i # 9:i3 I a Packet Page -675- / !!! 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Taylor Road Roadwsy Improvements COLLIER COUNTY BID NO 11 -5767 COLLIER COUNTY, FLORIDA Rhonda Cummings, Procurement Btratagisf Email: mondacummings@cdliergov. net Telephone (239)252-8941 FAX: (239) 252£700 Desgn Professional: Agnoli, Barer & Brundage, Inc. na�gm.nvr �. i... rmE ®.rumrw.v.��+w.....a- c••..v_+w cennruonn senosAZrmrmrt. RC,sm &vii Packet Page -653- n TABLE OF CONTENTS 10/25/2011 Item 10.E. B. INSTRUCTIONS TO BIDDERS.... ....................................... 5 C. CONSTRUCTION BID .......................................................................... ............................... 14 D. BID SCHEDULE ................................................................... ............................... 15 E. MATERIAL MANUFACTURERS ............................................................ .............................18 F. LIST OF MAJOR SUBCONTRACTORS ............................................... ............................... 19 G. STATEMENT OF EXPERIENCE OF BIDDER .................. - ................................................. 20 H. TRENCH SAFETY ACT .......................................................................... .............................21 I. AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .......... ............................... 22 J. IMMIGRATION LAW AFFIDAWT CERTIFICATION .............................. ............................... 23 K. COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ................... .............................24 L. BID BOND ....................... ............................... .............. ............................285 M. BIDDERS CHECK LIST ......................................................................... .............................30 ^ N. CONSTRUCTION AGREEMENT .......................................................... ............................... 31 EXHIBIT 1: PUBLIC PAYMENT BOND ................................................... .............................39 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................42 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................45 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................49 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................59 EXHIBIT E: CHANGE ORDER .................................................................... .............................53 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................55 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................. ............................... 57 EXHIBIT H: GENERAL TERMS AND CONDITIONS... ... ............................... 59 EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................91 EXHIBIT J: TECHNICAL SPECIFICATIONS .......................... .......... -.- ....... ........................... 92 EXHIBITK: PERMITS ............................................................................... ............................... 93 EXHIBIT L: STANDARD DETAILS ............................................................. .............................94 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................95 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............96 canswaian Servl ®ne�errc rzwmee avi i Packet Page 684- 10/25/2011 Item 10.E. PUBLIC NOTICE INVITATION TO BID Taylor Road Roadway Improvements COUNTY BID NO. 11 -5767 Separate sealed bids for the construction of Taylor Road Improvements, addressed to Mr. Steve Darnell, 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 Mth,day of September, 2011 at which time all bids will be publicly opened and mad aloud. Any bids received after the time and date specified wall not be accepted and shall be resumed unopened to the Bidder. A non - mandatory pre-0id conference shall be held at the Purchasing Department, Conference Room A, at 10:30 a.m. LOCAL TIME on the 23rd day of August, 2011 at which time all prospective Bidders may have questions answered regarding the Bidding ^ Documents for Nis Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Taylor Road Roadway Improvements Bid No 11 -5767 and Bid Date of September 14, 2011 No bid shall be considered unless it is made on an unaltered Bid form which is induced! In the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement websde: www coll'ercov retitle. 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 webshe 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 Waned hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Condi0ons of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and ^ connNei "" s...�mana�wm. w.v a srna Packet Page -685- 1025/2011 Item 10.E. Certificates of Insurance shall in either executed h in countersigned by a licensed State agent of the surety said surety company caving pa place shall be duly i in the State of Florida t . Further, the said surety or insurance company shall be duly licensed and qualified to nt business in the States Florida. Attorneys -bond that sign Bid Bonds or Payment and Performance Born must file with each bond a cerOfietl and effective tlated copy of [heir Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractors 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 h deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specifietl in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidders qualifations. The Successful Bidder shall be required to finally complete all Work within Three Hundred and Thirty (330) 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 wBhput the consent of the Successful Bidder. Dated this 158h day yofAugust 2011, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Is/ Stephen Y Carnell C P M Purchasing and General Services Director C11uNM1 s.r�m OaM. Lii &VIT Packet Page -686- 10/25/2011 Item 1 D.E. 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 Owners 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 Professionat" refers to the licensed professional engineer or amhi 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 Owners discretion the Project Manager may formally assign any of hislher 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 tern "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 Owners evaluation. 1.6 The tern 'Bidding Documents" includes the Legal Advertisement these Instrudions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The tern "Bid' shall mean a completed Bid Schedule, bound in the Bidding Documents, property signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preoanfion of Bids 21 The Bids must be submitted on the standard form herein furnished by the Owner pages 17 - 23 as bound . in these Bidding Documents). By submRting 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 Bit in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on dlskJCD 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, allocation 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 Co".ru. sxlm Aare.im.r a".r+.a arn5 Packet Page 687- 10/25/2011 Item 10.E. r� 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 fling 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 biddefs 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 liquidate! damages d 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 surery 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 h shall be deemed halected 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 mater time but no later Nan 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 forth attached and deliver same to Owner within the time periotl 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 , Sectorial. Pil fo Realeet Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate wth the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. co"swd�e, s,',m+m« "m.s i,a r ais Packet Page -686- 10/25/2011 Item 10.E. Section 5. San'na 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. 52 Bids by a partnership must be executed In the partnership name and signed by a general partner whose tale must appear under the signature and fee 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 54 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 'a contractor license number. 5] Failure to follow the provisions of this section shall he grounds for rejecting the Bid as Irregular or unauthorized. Section 6. Withdrawal of Bids r. Any Bid may he 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 6. Interannation of Conhact Documents 0.1 No Interpretation of the meaning of the plans, spec cations or other Bidding Documents shall be made to a Bidder orally. Any such oral or other Interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department at the County 's On Line Bidding System at h6p: /Ibideolliergov.netlaki to be given consideration. All such requests for interpretations or clzdfcation must be received at least ten (10) calendar days prior to the Bid opening sate. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be issued on the County's On Line Bidding System at http: /Ibid.colliergovimetl id/ no later than three c arrciws.mm,nvamm. aer�wevini Packet Page -689- 10/25/2011 Item 10.E. $h working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a paR of the Bidding Documents. 82 It shall be the responsibility of each Bidder to ascertain, pdor to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory , Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has, a. Examined all Bidding Documents thoroughy b. Visited the site b 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 w 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 Carrier 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 prod 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 an 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 e Cm54✓4,aercm A9eenolt ra.&wd1111 Packet Page -690- 10/25/2011 Item 10.E. Section 11, Bid Quantities 111 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall he compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied! by the bid quantities for the total Bid price . Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because I conditions make if necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantttes. 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(e) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. 11.2 Alfemate 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 pacing 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 pretest any aspects) or provision(s) of the bid invitation (including the forth of the bid documents or bid procedures) shall file their protest with tine Purchasing Director prior to the time of me bid opening all in accordance with Owner's then current Purchasing Policy. 122 Statement of Award. The Award of Contract shall he 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 timety and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award. signed by a Procurement Specialist of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at fine 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 Boats 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 pretest with the Purchasing Director will ham (2) calendar days (excluding weekends ^ and holidays) of the date that the recommended award is posted. Upon filing of said LonnuNOn sankn Agwrern R W 1w 611111 Packet Page -691- 10/2512011 Item 10.E. notice, the protesting party will have five f5) days to file a formal protest, said protest to strictly comply with Owners then current Purchasing Polity. A copy of the Purchasing Policy is available at hit Y/ II' NI tl ? -962. 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 distnbution of such copies. 12.6 Certificate of Authority to Conduct B Urge State of FI 'cl (Florida Statute 609.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of author from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.om /search firmth A copy of the document shall be submitted with the solicitation response and the document number shall be identffied. Finns who do not provide the certificate of author 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 fee document within the referenced timeframe, the County reserves the right to award to another firth. ^ 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 commod Ries or services to he 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'l lbusiness" 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 prices) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder cwwGOn SeMry Xgremenu wobeE &vn Packet Page 692- 10/25/2011 Item 10.E. and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine 8 the lowest local bidder meets the requirements of Section 287.087 F.S. If Me lowest local bidder meets the requirements of 287.087, F.S., Me Purchasing Deparment shall invite the lowest local bidder to submit a matching offer to Me Purchasing Depannnenl which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer Mat 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 Me lowest overall qualified and responsive bidder. If the lowest local bidder tices not meet use requirement of Section 287.087 F.S. and the lowest ncn -local bidder does, award will be made to the bidder that masts 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 submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder cane 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 8 deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarff¢ation to assure PoII 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 prNmm implemented by the Owner as set forth in the Agreement and in accordance with Owners policies and procedures. Section 14. Exclusion of Count Permits B'd Prices 14.1 To ensure compliance with Section 218.80, F S., otherwise known as "The Public Bid Disclosure Ad', Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or'nimection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these pemneee amounts in their bid offer. However, Me Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate .� ca,.w,ao. scrims M,.r s..um um n i Packet Page -693- 1025/2011 Item 10.E. actions to obtain the r eq uireci permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work:. Section 15. Use of Subcontractor 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 67-25, 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 disqualificaton 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 Subcontractor 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 as 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 Me 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, disqualif 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 Nohv4hstanding anything in the Contact Documents to the contrary , fire Bidder shall identify the subcontrador(s) It intends to use for the categones 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 Owners review and approval, all the subcontractors k intends to use on the Proper 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 fire 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 CwcW"sm Aawrnan w.vaav1' Packet Page -i 10/25/2011 Item 10.E. specified period of time, including but not limited to submitting bids, RFP, and/or quotes, and, c. immediate termination of any contract held by the individual antl /or firm for cause. Section 17. Loblnit AIIf h b I ed NOTICEN tttr Board fc Counts' Commissioners tl t M1 t b r I bbl tl 'th d Itl II or coneouvoly about a Rrolect 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. Cult the process, from solicitation I In W final Board approval, no firm or their agent shall contact any other employee of Collier County in reference 10 tms solicitation, or the vendors 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 Crimea 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 react 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 suburb 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 en8ty; 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." Section 19. Single Bid. Only one bid from a legal entity as a primary will be considered. A legal entity that submits a bid as a primary or as part of a partnership or joint venture submitting as primary may not then ad as a subcontractor to any other firm submitting under the same ITS If a legal entity is not submitting as a primary or as pall of a partnership or joint venture as a primary, that legal entity may act as a sub - contractor to any other film or firms submitting under the same ITS. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. snaemm: Rmwd Wit Packet Page -695 10/25/2011 Item lOE. UKIUINAL CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Taylor Road Roadway Improvements BID NO. 11-5967 Full Namecf Bidder Main Business Address 3894 Pew,3x Urlve Suite 216 Pe 1 pl Id 34114 -5406 Rare of RUCineee Same Telephone NO. 239 - 435 -7200 Fax NO. 239- 435 -7203 State Contractor's License ii CBCA57231, CUC057398 State of Florida Cedifcate of Authority Document Number 995000002550 Federal Tax Identification Number 54- 0947002 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 presented 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. m,un il"ws Pgeemene ameea NillI cnM Packet Page -696- \� !) g! l >i !!! 10125/2011 Item 1O.E. Packet Page 697- . ^� �y g. s� �a 8sgs 10/25/2011 Item 10.E. r �y g. s� �a 8sgs 10/25/2011 Item 10.E. Packet Page -698- s Packet Page -698- s U O 8 2� a^� §m� sip t�6d d p Packet Page 699- 10/25/2011 Item 10.E. 5 b - � W x Packet Page 699- 10/25/2011 Item 10.E. i � W x i n 10/25/2011 Item 10.E. 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 famish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign sadden 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, Sgnal Date 11 o3s J. coolie. Vice President Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages as necessary. Company: Signature. Date: 18 ConsWUaansuN„ea Iq.eemant Reml FV11 Packet Page 700. 10/25/2011 Item 10.E. 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- qualifed SuncentraetOrS in its bid offer. Further, the Owner may direct the Successful Bidder to removeareplace 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 fire Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and In accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors It intends to use on the Project. The undersigned further agrees that all ^ Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Road atrioiae 2, Bradenton. P1 3. 4. Company Alit anee Irises Usti Inc. Sip 9L14LL1- J. Gai Vice 18 consirvNOn ssmv s lgai RBAlvd W111 Packet Page -701- 10125/2011 Item 10.E. 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. Pro om and Location Reference 1. North Collier Blvd. Improvements Nike Daniel. Manager Infrastructure Const. Marco Island. Florida 239 -825 -9534 City of Marco Island 2. West Winterberry facer District Wastewater Collection sv =Ex series Mike Daniel. Manager infrastructure Const. Marco Island, Florida 239 -825 -9554 city of Faced Island 3. Nadia III Dratnepe Imprvvements Green strakalwe. I.E., Enelneering Mgr. Naples, Florida 239 - 213 -5000 City of Naples 4. 14th Street ea[£all Jerry Kurtz, Senior Protect Nanaaer Naples, Florida Collier County Storeuater aamgement 239 -53] -6]32 5. 6. .Company wil Enterprises USA Ins. sg�rnre Date 46911 Loma J, cauaie, vice President e c"s,611 FerviFerman Agemnl: Ressed sill l Packet Page 702- 10/2512011 Item 10.E. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1. 1990. The Bldderfurther identifies the cost to be summenzed below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost LDescriotion) Lf F SY 1. Slope LP 4.756 5 3.00 $ 14.260.00 2. 3. 4. 5. TOTAL $ 14.268.00 Failure to complete the above may result in the Bid being declared non - responsive. Comp y 'algn iture T� pate o Louie ]: Gwdia. Vice Pieeidevt Cmswalon samee Ppnmmonc PerLeee alrzpll Packet Page -]03- 10/25/2011 Item 10.E. eanee.c. s.,:®D6aa, AFFIDAVIT FOR CLAIMING STATUS AS A Mal BUS mays BID 11.5767 (CHECK APPROPRIATE BOXES BELOW) State of Mistake (Select County If Vendor Is described as a Local Business ® Collier County ❑ Lea County Vendor affirms that it is a local business as defined by the PurrJtasing Policy of the Copier County BOarb a county Commissioners and the Regulations Thereto. As tlefined in Section XI of the Collier County Purchasing Poll A'local business' is defined as business that has a valid Occupational llcense issued by either Collleror Lee County fora minimum of One(1) year prior to a Collier County bltl or proposal submission Met aushearzes Me business to Monde the commodities m 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. Past Office Curves are nM Vnlflable and shall net be used for the purpose of establishing said physical address. In add ton to Me foregoing, a vendor shall not be considered a'local business' unless It contributes to the economic development and Soll-baing of either Collie' or Lee Evil In a veritable and measurable way. This may include, but not be limited to the retention and eXparsion of employment OppotlunTIPS,the supporl and increase to Eller Collier or Lee Counlys tam base, and residency of employees and princiPals of the business within Collier a Lee County. Vendors shall affirm In writing their compliance With the foregoing at the time of submitting their bid or proposal to be eligible fa consideration as a "local business' under this section. Vendor must Complete Me f000wing information. Year Business Established In jCoIIIer County Or El Lee County: 1994 Number Of Employees (Including Owners) Or Corporate ORoodu 105 Number 0 Employees Living in ® Collier County Or Q Lee (Including Owners) or Corporate Officers): 16 If requested by the County, Vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do $o will result in vendors submission being deemed not applicable. Vendor Name: Date: — JuJ Collier or Lee County Morass'. 3694 Nannix Drive Slim 216 Naoles Florida 34114 -5406 Signature: Title'. Vice President Lou1e J. Candlo STATE OF FLORIDA: [S] COLLIER COUNTY [I LEE COUNTY Sworn to and Subscribed] Before Me, a Notary Public for the above State and County, on this 14 On Day Sept py��, 20,11 Notary Public My Commisepin Empirepe of / a (AFFIX OFFICIAL SEAL) Packet Page 404- coMwn�o„sm. ®Apmamm. atnp++ Rowe 10125/2011 Item 10.E. Co�er CBr +x+LY '� Pmewm..sa�u� ww.a Immigration Law Affidavit ceni0catmn He %114]6] Taylor Road Roadway Improvements This Af cardt 5 required and should be signed, notanom by an auNmiaed principal of the firm and submitted with formal Invitations to Sid (ITS a)and Request for Proposals(RFP) submillab. Further ,Vendors / Bidders are required to enroll In the E Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor'slbiddefs proposal. Acceptable evidence Consists of copy of the properly completed E- Verify Company Profile page or a deny of the fully executed E- Verify Memorandum of Understanding for the win any Failure to Include this Aff tl acceptable f I E -V 'fv mavticem the Ventlor/ Bldd as non responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unaNM1mixed alien workers, constituting a violation of due employment provision contained In 8 U S,C Section 1324 ale) Section 274A(e) of the Immigration and hodurra111y ACl ('INA'). Copier County may consider the employment by any vendor of ureulM1Onzed aliens a violation of Seemed 274A (e) of the INA. Such Violation by me recipient of the Employment Prmislons contained in Spatial 214A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specialty to me 1986 Immigration Act and subsequent Amendment(st) and agrees to complywiN the pro s ions of the Memorandum of Understanding Win E -Verily and to provide proof of enrollment in The Employment Eligibility Verification System (E Verify), operated by the Department of Homeland Security In partnership with the Social Security Administration at the time of submission of the Vendor / Bidder proposal. Company Name luality linteral SA L Print Name J. True Signature ( �Louis X pGoodie Date Stateof Florida countyof Collier The foregoing Instrument was signed and acknowledged before me this] y( dhi of Se temben 201by Louis J. decide (pant or type name) who has produced —NIA Should pype of identification and number) as idenultcaaon. Y' /A r"nature me yPUbllc Signal c1e L Cohen yy'_1 WWI as mo u P.X Printed Name of Notary Public wmwioa To 94(sal 1/31114 Notary Commission Number /Expiration The sense of this AKdi vit guarantees as evidenced by the sworn efficient required herein, the truth and accuracy of this affidavit to marrogatones hereinafter made. on GnenedsvieMeo govemenlaMereN@m1 Packet Page -705 - - - 1025/2011 Item 10.E. LmploraWiuN Page 1 of I - Verify, is MIN, lz!4 Emylormenl Ellglnlnq vonncaLOn ELFENJ LITTLETON EUTAUI wil IN - 1119WIG Wm HIIII Company Information AN CIA, AN, CIA, SAARI Nam.. UTILITY E..eNPNlaea uan. INC Numr C'MIFFARY A) a. eNnvrs n. aamloenl zxtm E,I arsm Oe PM1YngI LOUYen: 14a111ngioldro : AUSTRIA; 1: JURY NYY AY, 2, ma TINTEeN CI a j V"ClWFvu.1 City CHESAFEAKIC Cly li cue CAYU ,AAAAM MOMAY VA BUY, 21QU neeme MY ROYAL munry'. CHICAPEalE Crtr %NFARI N °T 50tlI11naI1MOrmaYOn: ✓eiu vex naamvs III SARI N .W'. al aWa MAI 0 111 10 IF, ♦ y m Cen., U. untnv ZINTR ISES USA INC Oganlal nDMILMIllon: EmONe.Cn.aay. FIAI ALI wlllem FAR E -Verry Clavu I {irn.w�.annrvM..m.ww.�...e. 4 uavwm. nervnmmiwr w. romrr unuvs>. nrzpa: ue-.,,, ;ry.oul :.go.k„IdEnlMove.wn:Ta.l Packet Page -]O6- 10119`2010 10/25/2011 Item 10.E. CoLRer Crg"May pressure r DiaNan COLLIER COUNTY 50L1icovel sSUESTITLYE IN -B Request for Taxpayer Identification Number and CenfOcaDon accordance with Me Internal Revenue Service regulations, Collier County is repulred to coiled Me following information for tax reporting purposes from individuals and companies win do buldnem who the County (including opal security numbers R used by Me individual or company for lax reporting purposes). Florida Statute 119 0 (5) require that the county notify you in writing N the reason for collecting this Information, which sell be used for no other purpose than herein stated please duchy to all Information that apples b your business and realm with your quota or proposal. 1. General Information (Provide all information) Taxpayer Name mi,lFty Enterprises USA. Inc (as spent on income lax ae r Business Name ((f sacred From lazpays/ n mef Address 1894 Hami 1 e Suite 216 city Pa lea State Florida Zip 34114 -SLOB Telephone 239 - 435 -7200 FAX 239 - 435 -7202 Email '- mrnR - td cOM Order mmrmil Remit l Payment Information Andreae Settle Address Sense city Slate_ zip City siatezip FAx FAx Emau Emao 2. Company Status (check only one) 3. Taxpayer Identification N umber (fire tax exporting purposes only) Nficaton knitter (TIN) Vendm who do Fall have a TIN w1l be sell to Posters asocial iii numbur n avaN of the denied) I. Slgnand Date Form Ce mosslom Under Ponshes Npel I wplily that the in(pmal shown On this rowis server romy knoWdew, Signs Date VoIll LoucLa J. Grotto I Title Vlce P2eelden Phone Number 20 UnsWGlon Sr�ncas'Poreemmt'. Reined N1R011 Packet Page -707- _InOivitluall Sole Pmpnelor yCwpomdon - _Padnership TaxEUmp[(Fetlerel income W- exempt elNly Li miletl LieElhly Company under Internal Raven ue 5arviw guidelines lRC led (n) B) Enrenbaa, ala.Nn�lon o =ware ardeddhe.C= matirI P- Ifanrrerale 3. Taxpayer Identification N umber (fire tax exporting purposes only) Nficaton knitter (TIN) Vendm who do Fall have a TIN w1l be sell to Posters asocial iii numbur n avaN of the denied) I. Slgnand Date Form Ce mosslom Under Ponshes Npel I wplily that the in(pmal shown On this rowis server romy knoWdew, Signs Date VoIll LoucLa J. Grotto I Title Vlce P2eelden Phone Number 20 UnsWGlon Sr�ncas'Poreemmt'. Reined N1R011 Packet Page -707- 10/25/2011 Item 10.E. 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 Owners 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 night 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 Owners actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Three Hundred (300) consecuMe calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of vn,.u. County of copier Louie J. Gaudio being first duly sworn on oath deposes and says that the Bidder on the above Bid is ortlanized as Indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. ra am also deposes and says that it has examined and carefullyprepa red its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submifling this Bid; that the statements contained herein are true and correct. 35 c0nirv]m5e1lcv Agreement ea::m a1cwn Packet Page 708- 10/2512011 Item 10.E. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of which operates under the legal name of e0.'1i^r Enterprises usa Inc and the full names of its officers are as follows'. President - - Secretary Stacey c wwrrreu T is author a traction bids and cpntmcts- -comps act on o —I s Boartl -of— e -- - of wh ch h _ ^arhnd -(ct'k ut this -- a c rtfied 00; la Fs .g apple Imo' (b) Co- Partnership The Bidder is a cc- partnership consisting of individual partners whose full names are as follows: r. The co- partnership does business under the legal name of (c)Indlvldual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is 18 LonsVUmm SmAree M1 W em ml -. Rerlctl G1IID11 Packet Page -709- 10/25/2011 Item 10.E. Complete for information Contained in (a) Corporation (b) Co- Partnership or (c) Individual from Previous page. 22'-' x/11 E W cristlna H. Hatch IIG BSS o ul[z STATEOF Florida CONNTYOF. collier The foregoing instrument 1 by Louis J. Gaudio Quality Enterprises USA corporation. He /she N/A (did not) Wks an oath. Quality enrern legal entity Quality Enterprises USA. Inc. BY: Louis sJ .GGa °dtn Name of Bidder (Typed) l� —� mature Vice President Title 3894 Fannin Drive, Suite 216 Naplea, Florida 34114 -5406 Incorporated In the State of Virginia /as acknowledged before me this 14th day of September , 2011, as vice Preetdant of Inc a w.or„r. corporation, on behalf of the is personally known to me or has produced as identification and did My Commission Expires: 2 /11/14 lzm- D ludoElwxa� (Signature of Notary) ur muusswuimwmtl e+rims�w,r nmd:,. NAME: marrie L. when (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State ofFio,ida- Commission ND.: DD 940581 Packet Page 710- c mintilm�sem,m¢a9reemem: sWwd W1=11 10/25/2011 Item 10. E. ,1. BID KNOW ALL MEN BY THESE PRESENTi in the city of m.nan ,n a • are held and fimdy bound unto the ,Wicawe Gafflawaswi u i - (becAnafter called the Owner), in the full and just sum Owner, to which.._.._, payment well and Wly M his made, the Principal and the Surety and themselves, bell hairs , and exacumrs, admintu afcrs, and assigns, jointly and Severelly and firmly by these presents. Whereas, the Pdnclpal Is about to submit, or has submitted to the Owner, a Bid for famishing all labor, mattai equipment and incidentals necessary to famish, Install, Bid No, 11 -576/ Taylor Road Rcadway Improvements NOW, THEREFORE, if the Owner shall accept Ne Bid M the PRINCIPAL and the PRINCIPAL shall enter Into the required Agreement with the Owner and within tam days aRertho date of a written Notice of Award in accordance with the terms of such Bid, and give such bard or bonds in an amount Of '00% are total contred Amount as specified in Me Bidding Oocrnnems or Conrad Documents with good and sufficient surety for Me faithful performance of the Agreement and forthe prompt payment of labor. materials and supplies famished In the prosecuted thereof or, in Na event of the failure of the PRINCIPAL to enter into such Agreement or to glue such bond or cords, and delNer to Owner the required certificates of Insurance, If the PRINCIPAL shall pay to the OBLIGEE the fired sum of $ e 1111a- noted above as liquidated damages, and not as a nobody, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TE$TIMDNY Thereof, the Principal and Surety have caused Ness presents to be duly signed and aaimcl this _day of 2011, a,.l y6usa, Inc. Principal BY (Seal) award Ji Murrell. Preefdeut „e sit yoe o Surety (Seal) Counteraignetl w. 9 Shall mn. wcaons .r.+ec?mew�e,tsen,aeenrmti Packet Page 711- 10/25/2011 Item 10.E. Luc a Resident Producing Agent for Trowalem cmlw led S'" mow=. a m,,.,«:. Packet Page 712- a.ulA a.o aoFLUDea 10125/2011 Item 10.E. wnnwu�:mms wwePOWERpOFACTORNEY TRAVELERS F,�,n�comi "C� ^r 'e" , „a' �m c° nr FE .� �.a,Y ed si cmpm. a A""= m' uaem Sm bad nr my wmP.w AL rw cmw mom.. cdmpa.� Ad y MEN IM, 220571 Ca.,lhma „n.004469522 KNOW ALL MEN By ra..m PRESE relSEE PAT Fianna ma: ram. m.< C -IMY, a Fam GAME” m..AESAMEA COMEMSEEN ara sb Sam wa2i Ew,a ... °`SERA F wvanp my ma wws a w.vau a wm,wn (Amp.aY� ¢,aa mn"Imvea, Lear" My" ,¢ Apannined alnY w c. . mm'm+na qnm mucewY d,mma"CAmpmrarl . wmm mnCmpwadonrnnymatr,.m�dwmaM WeEei� Mad C, Bundy, W IIIIvn E. Crawley, Tammy A. WaST aM Tem mewhaM mail ITEM Ard III AwAw5nbWFAI , SE .1111I .omv.¢W �EENA x,ng b.mmw uMmn ¢ emml m Rm,md w any U'om m pa' ea Alww by mw. �' "{ma dnlmmxaol Or JS AS, af A uWIffBEOF ma� p�Al A yvwmmu, M n as mrymar"ia miummanna CESSE An .In Cavalp and Sway Cwpv} ral wed m�n IS DIANalUl Mbul, lu. mON. Cwnn and Air CmYW a Abi umma r i Faro- as wan. "CnmrmY la`4.iS S tgn 1�1 lY v/ ei °wJ 3O `® naveri OAS MM S, loah by If 4ndmi 2011 ha,wiff [if by AM Swer Vey, III SM we MAE and MME Crapan, NE w, "u�i COmpanY If Ammrya a SEE U:amem CCm mnY.YAny ma MEa,i IIIam adrodu,n, SwE ma MINNE{ Awi fm NO pmpoc martin cai by brain en EASSNAW of ma wmaniw by Nevalf in a JUIY nuJnassa SAMEW mywmm Ww�c I e..,..w ;my was wd ni Si Ni 1Pnaed in usw a AM Packet Page - ]13- VITEAS TMA eeo eonoEA '_v' NASA O OAS MM S, loah by If 4ndmi 2011 ha,wiff [if by AM Swer Vey, III SM we MAE and MME Crapan, NE w, "u�i COmpanY If Ammrya a SEE U:amem CCm mnY.YAny ma MEa,i IIIam adrodu,n, SwE ma MINNE{ Awi fm NO pmpoc martin cai by brain en EASSNAW of ma wmaniw by Nevalf in a JUIY nuJnassa SAMEW mywmm Ww�c I e..,..w ;my was wd ni Si Ni 1Pnaed in usw a AM Packet Page - ]13- VITEAS TMA eeo eonoEA waap ,»,s SOFA „B., „,a,oymm ,X Bow 10Y25/2011 Item 10. E. em ,v td COMMe w FMd drve+er M BO ,aropee1M If Fa w�Camaby Ca�v� pn .a,n mNmw co"b "I affinity w Grayed mm Y.. se am new m�o,dao �rdr. Leo r� �y6�mren.. Ta a eaamiaaeea SedyE �wor. sa Pm GU. 6= v,aa, nn am Ovaryaq Camphad, uNG Oadlamos a. am. dB Frad w eaee� redwB ""r FO�mdr m.ade��. am wam 6mr RESCELVED. tica ad CREEME day, pat My Vim idearday, MY charbITIC Firm PECOMIF My Sam" ane FmCk, My Cray hembee, My samerand VIC, Yearaparry 1 119 amid ramintrunt er �.�..y My ME at,, dinner in Man Eard, Of ME =19.. I, MMMOmenj aderiendarrag and my Earn R vand add bandman pany F, Conaparmany and may him dember . hadequal dim arrial by Smath ECONOMY fleadmande Card fammand, hat a4l Ed and and F,," M R, comapt in the future %1dE rdd� 1, me rated Item 11 if Itmardand± N,sr mmNYUmBUVF I nave the art e.d And Refund MY Item el mud Cd nie, aa, Iy+`+ ml Men �uP i 01 1 ad.e- �.md,d,.d.e�, am M den „d�Be dd 0'm ",�heaOICT Ia e.ep. <...aa�,e.,dna.eOq. de..e,e�e,dde.�r.a ,., Eom�,. u< WARCIN, Fell er Packet 10/25/2011 Item 10.E. THIS SHEET MUST BE SIGNED By VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FLORI Purchasing Pa BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and retr urn with your Bid. each of the following items as the necessary action Is completed'. Bidder should check off I . The Bid has been slgnec. 2. The Bid prices offered have been reviewed 3. The price extensions and totals have base checked. 4. Any required drawings, descriptive literature, etp have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit comps 7. Immigration Addavit completed and the company's E- Verify profile page or memorandum of understanding 6. Certificate of Authority to Conduct Business in State of Florida g. Collier County Substitute W -0 hecketl an d the Bid bond or cashiers 10. If required, the amount of Bid bond has been c, check has been included. 11 Any 12. The addenda ehavlope haslbeen addr ssed to'. mailing envelope have Purchasing Director Collier Counly Government Purchasing Department 3327 Tamiami Trail Naples FL 34112 13. The mailing envelope must be sealed and marked with wit. said Number; 11.5767 Im r v ments pPrcject Name; Taylor Road Roadway p o e coopering Data ad no 14. The Bid wi�lllb mailed or deliv fired in iticannot bed omederadlalsr than the specified openina ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Uralic Err a rises USA. Inc. Bidder Name Signs ure BTiile Lmuis d. Gaudio Vice President '\ Date: 9 low Cons4uu0m seMm mYee ^ens RSAssA alcm 1 Packet Page 715- 10/25/2011 Item 10.E, AGREEMEN COMMISSIONERS BOARD re COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owneriv hereby contracts 14, a Corp Enterprises USA, Inc. do with the 3894 State a of Fl Drive, Naples, m 34114, a Corpor') i n, connector with do business in the State m Florida, to perform all work ("Work ") in said Work with Taylor road Roadway Improvements, re re by Agn ( Barber as said Work is set forth in the Plans and Specifications prepared by Proge, Barber and Bother C, Inc., the Engineer ani hereafter Amhe:ffi of Record ( "Design Professional "J and rather Contact Documents hereafter specRad. Owner and Contractor, for the consideraton 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 limes during the performance of the Work, B. Owner shall furnish to the Contractor one reproducible set of the Contact Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Boosting. Scone 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. Section3. ContractAmount In consideration of the fadhful performance by Contractor of the covenants in the 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 Amouni in accordance with the terms of this Agreement: One Million Three Hundred Forty Six Thousand Nine Hundred Fort/ Six Dollars and Eighty Six Centers ($1,346,948.86) 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 Bands shall be coerowi e.mmnsrearem. sem vrrniI Packet Page -]16- 10/25/2011 Item 10.E. 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 CeNfcates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at wawt.firrestreas / 5]0/c5T0 himdfcertlfied. Should the Contract Amount be less than $500000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any band 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 Owners approval Section S. Contact T' d Liguidatad 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 sae 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 Three Hundred (300) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completlon of the Work (or designated portions thereol) is the date berthed by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documence, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended Contractor shall achieve Final Completion within Thirty (30) calendar days after fire date of Substantial Completion, Final Completion shall occur when the Agreement a 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 Owners 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 ditficulq if not impossible, to definitely ascertain and quantity. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty , One Thousand One Hundred Forty Eight Dollars ($1,148) for each calendar day thereafter until w+m.uw s.n•�>a�m. a.rma &I aui' Packet Page 717- n 1025/2011 Item 10.E. Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion will 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 director, 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 connecting 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 me 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 he 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 Owners sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owners election and in its sole discretion, is allowed to continue and to finish the Work, or any part of d, 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" 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 notlfed ^ the Contractor in writing that the Work is complete. Once the Owner has approved and rurrzoss Packet Page ->18- 10/25/2011 Item 10.E. accepted the Work, Contractor shall be entitled to final payment In accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to Me extent Owner Incurs damages from a third pant as a result of Contractors 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 awed 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 Farm 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 SpecRmations Exhibit K: Permits Exhibit L Standard Details (a applicable) Exhibit M: Plans and Specifications prepared by Agnoli, Barber & Brundage, Inc. and identified as follows: Taylor Road Improvements from Pine Ridge Road to J & C Boulevard, Pine Ridge Industrial Park MSTU No 60182 -2 as shown on Plan Sheets 1 through 92. Exhibit N: Contactor's Lisl of Key Personnel Section T. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall bas shall be deemed duty served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Collier County Purchasing Department Stephen Y. Carrell, Purchasing Services Director 3321 Tamiami Trail East, Naples, FL 36112 23912524311 Loraruglen Seniw µ,eemmt. 80v iva sl¢rl1 Packet Page -)19- 10/25/2011 Item 10.E. A, All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served 6 delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216, Naples, FL 3411L5406 (239) 436 -7200 Telephone (239) 4367202 Fax Louis J. Gaudio, Vice President G, Either party may change its above noted address by giving written notice to the other parry in accordance with the requirements of this Section. Sectors. PUBLIC ENTITY CRIMES 8.1 By its execution of this Contract, Construction Contractor acknowledges that R 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 threshed amount provided in s. 287.017 for CATEGORY TWO for a pencd of 38 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. Packet Page -724 connivaion sen,reere�.. t Rwaaa WledII 10/25/2011 Item 10.E. 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 Aareenni Each of the parties hereto agrees and represents Mat the Agreement comprises the full and entire agreement between Me parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recogni and that all negotiations, ads, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by Me Agreement. Section 14. Severablllty. 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 16. 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 Owners Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the pant 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 benegt d one of the parties shall be construed against the benefited party) shall not be applied to the construction of his Agreement Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terns of the Constmdion Agreement and he General Terms and Conditions shall take precedence over the terns of all other Contract Documents, except the terms of any Supplemental Condition shall take precedence over the Construction Agreement and Me General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of he Supplemental Conditions, it any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strid or costly obligation under the Contract Documents upon the Connector at Owner's discretion. ni cw,. =, seises Aare enc ra.aa orra" Packet Page -]21- 10/25/2011 Item 10.E. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) Indicated below. TWO WITNESSES: By: FIRST WITNESS TyperPrint Name SECOND WITNESS Type/Print Name i-. ATTEST: Dwight E. Brock, Clerk BY Approved As To Form and Legal Sufficiency: Print Name: Assistant County Attorney CONTRACTOR: Quality Enterprises USA, Inc. Type/Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA 93 Packet Page 722- Fred W. Coyle, Chairman wao can.web.s =, Ag�t Foals " 10/25/2011 Item 10.E. EXHIBIT A 1: PUBLIC PAYMENT BOND ITB#115767 Taylor Road Resell Improvements Bond No. Contract No. 11.5767 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 severalty. WHEREAS, Principal has entered into a contract dated as of the day Of 2011, 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 ff Principal Promptly makes payment to all claimants as defined in Section 255.05(1), Florida ^ Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided! for in the Concept, then this tsar 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 2011, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing bodi as coo.wmo. s.mas Agnm cRehmL errswr Packet Page 723 n Signed, sealed and delivered in the presence of PRINCIPAL BY Witnesses as to Principal NAI 10/25/2011 Item 10.E. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 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) Packet Page -721 ao co.uNaio, s.rv� ®. es�.�rem. rse.am virzon Na 10/25/2011 Item 10.E. 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 2011, by as Of Surety , on behaff of Surety . He /She is personally known to me OR has produced as identeication and who did (did not) My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: covwmon ser by /a ,omem '. aaaec el=l Packet Page 725 10/25/2011 Item 10.E. EXHIBIT A 2: PUBLIC PERFORMANCE mpr veme ITB #115]67 Taylor Road Roadway Improvements Bond No. Contract No. 114767 KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety at (Business Address) are held and firmly bound to , as Obligee in fire sum of ($ 1 far the payment whereof we bond ourselves, our heirs, executors, Personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered me a contract dated as of the day of 2011, 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 Contact, 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 fire 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 Contact 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 we* 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 terns 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 band. Cenewgipn 5em¢a gq,emmene gaweetl ac ool I Packet Page -]26- 10/25/2011 Item 10.E. In no event will the Surety be liable in the aggregate to Obligee for more than Oe penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2011, the name of each party being affixed and these presents duly signed by de undersigned representative, pursuant to authority of its goveming body. Signed, sealed and delivered in the presence of PRINCIPAL Witnesses as to Principal NAME' ITS STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2011, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identi ication and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.. CvuWmon aemzs 1p2mmeiR. neNaE on no r Packet Page -727 - ATTEST', Witnesses as to Surety Witnesses 10/25/2011 Item 10.E. SURETY'. (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attomey in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2011, 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 o[ Commission No.: Packet Page -)28- C"M'c an sarv� snac 1 10125/2011 Item 10.E. EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expanse, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Flonda as set forth in EXHIBIT B of this solicilard n. 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 wavers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waters in their coMM=. 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 M Collier County ° The General Liability Policy provided by Vendor to meet the requirements of this solictation shall name Collier County Flonda, as an i ddNOnal Insured as to the operations of Vendor under the solicitation and shall contain a insensibility of Interests provisions. The CeMflce[e Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County . The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements minor 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 seo- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All seH- insured retentions or accuracies will be Vendors sole responsibility. Cevera9els shall be maintained without inter un 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 mWor its Insurance carrier shall provide thirty (30) days written notice to the OeuMy of policy cancellation or non renewal an the pad of the Insurance tamer or he 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 hempen me insurance coveral ls� required! herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coveragell and charge the Vendor for such coverage !_} purchased If Vendor fails to reimburse the County for such costs within thirty (30) days after demand the County has the night to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Ventlor. The County shell be under no obligation to purchase such insurance, nor shall it ba responsible for the coveragell purchased or the Insurance company or companies used The decision of the County to purchase such insurance covaragel shall in no way be construed to be a waiver of any of its fights underthe Contract Documents. co�.wmo� s.r,� nv�m..c awe ahrso 45 Packet Page 729- 10/25/2011 Item 10.E. n Collier County Florida Insurance and Bonding Requirements hisuderci Bond Ty"pe,' lu qu red Limits }:„ 1. ®WOMer's Statutory I-Int a of Florida Statutes, Chapter 440 and all Falll Government Compensation Statuary Urn and Requirements 2. ® Employers Liability $ 00�. B 000 single limit per occurrence 3. R Commercial General Badly Injury and Property Damage Llabillly (Occurrence Form) Mler the current SO $tt0.00.000 Singlelimitpercttunence fond 4. IM Indom upcelion To the maximum went permitted by Florida law, the ConlractorNendor /Consultant shall indemnify and hold harmless Cdller County, its officers and employees from any and all Ilabilltles, damages. losses and costa, InGueng, but not limited to, reasonable attorneys fees and Locaegals' fees, to the extent caused by the negligence , recklessness, or intentionally wrongful conduct of the ComermarrNemor /Charglo nl or anyone employed or Nlllzed by the ContractorNendor /Consultant In the performance Of this Agreement This indemnification obligation shall not be centered to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or parson described in this paragraph. This section does not pertain to any incident arising from the sole mind gene Of Collier county, 4, 9 Automobile Liability $1_901 Each Occurrence. Badly Injury 6 Property Damage, Owneurbon mvnedMlred; Automobile Included 5. ❑ Other insurance as El Watercraft $ Per Occurrence noted ❑ United Stales Longshoreman's and Haborvmrkers AG coverage shall be maintained where applicable to the completion of the work. $ Per occurrence ❑ Marillma Coverage (Jones Act) shall be maintained where applicable to the completion of Me work. S Per Occurrence ❑ Airwafl Llabillly coverage shall be wrcied In limits of not less than $5,000,000 each occurrence ff applicable to the completion of the Services under this Agreement. $ Per Occurrence El Pollution $ Per Occurrence ❑ Professional Liability $ Par Occurrence • $ 500, 000 each claim and in the aggregate • $1, 000.000 each claim and In the aggregate • $2.000,000 each al and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance S Per Occurrence Packet Page -A0. 10/25/2011 Item 10.E. 6. ® Bid bond Shall be submided with proposal response in the form of codified funds, ceshlers' check or an Inevocable 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 frost company located In the State of Florida and insured by the Federal Deposit Insurance Corporation. 7, ® Perormance and For projects in excess of 8200,000, bonds shall be submitted with he Payment Bonds examined contract by Proposers receiving award, and writer for 100% of the Contract awed amount, the cost owns by the Proposer receiving an awak. The Performance and Payment Bonds shall he undenvrit@n by a surety authorized to do business in the State of Florida and otherwise acceptable to Owned 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 me most cunenl Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Stu et, New York, New York 1Dgi 8. ® Vendor shall ensure that all subcontractors comply with fire same insurance requirements that he is required to meet. The some Vendor shall provide County with cemflcates of Insurance meeting the required Insurance provisions. 9. ® Collier County must be named as 'ADDITIONAL INSURED' on the Insurance Cicifcate for Commercial General Llabllltywhere required 10. El The Certificate Holder shall be named as Collier County Board of County Commissioner. OR, Board o! County Commissioners in Collier County, OR Collier County Government, OR Collier County 11. ® Thirty (30) Days Cancellation Notice required Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of Ibis solicitation. Name of Firm Quality _rpirm, c r Inc. Data Vendor Signature s ._ Print Name nutria S. Gaudio, Vice President Insurance Agency Hutberfoord Agent Name Herb Moss or Heather Garrett Telephone Number 757- 456 -0577 durcuubnaeMarA9^%^erk a"wWR M11 Packet Page -731- 10/25/2011 Item 10.E. Bid bona Shall be submitted with proareal response In the form acemeea funds, coal check or an irrevocable letter of credit a cash bond posted wim Me County Clerk, or proposal bond In a sum equal to 5% of Me cost proposal. All checks shall be made payable to the Calf r County Board of County Commissioners on a bank or must company located In the State of Florida and Insured by Me Federal Deposit Insurance Corporation. ]. ® Performance ant For projects in excess of $200,000, bonds shall be submitted add the Payment Bonds exeWeb contract by Propfsers receiving award, and written for 100% of the Contract award amount, the cost bombe by the Proposer rackeng an award The Performance and Payment Bonds snail be undemmtlen by a surety aNhor¢M to do business In the State of Florida and otherwise xcepteble to Cwmec provided, however, Me surety atau bes rated as'A' or better as to general "iq holders rating and Class V or higher rating 0 to financial sae category and the amount repaired shall net exceed 5% Of the reached policy holders suryWs, all as repcnea in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street New Vork, New York 10038. S. ® 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 wrtRcates 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 refused �.0. ® 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 Coll'ler County 11. ® Thirty (30) Days Cancellation Notice required. We understand Me 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 Flrtn Date Vendor SgnaWre Print Name Insurance Agency Agent Name Telephone Number Packet Page 732 ..mflrvdon Srviw Fgrtbnent aeneeE Ht110118 10/25/2011 Item 1 DE, EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned aWnonty, perswally appurnal Who after being duly swim, deposes and says'. (1) In accordance Wtn the Contract Dacumems and In consideration M S pale, Cc onhador) releases and waives for luau and its subdumac o is and assigns, an uaims demands. damages, costs and paramount, whether In contract or m too against the mad of county Commissaries of CWier county, Forma, relatlng In any way to the performance of the Agreement between Contractor and Owner dated 2011 for the period from to excluding all lateral wlgideld and any pending claims or dispNes as expressly specified as follows: (2) contractor cartifies for itself and its subcontractors , 5 and assigns, tat all charges for labor, materials, supplies, lands, licenses and order expenses for which Owner might be sued or for wM1ich a lien or a demand against any Payment bond might be filed, have been fully satis(retl and paid. (3) To to maximum extent hadmided by law, contraccor agrees to Indemnify, defend and save harem ess Owner from all demands or suits, across, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of to We* meretl by this Release and Affidavit. (4) This Release and Affidavit is given in connection whh Contracfioh [monpilyilmalj Application her Payment No CONTRACTOR BY ITS DATE'. STATE OF COUNTY OF The foregoing instrument was acknowledged deiore me tls_day of ,2011, by as of copormaro on beM1agof the corporation. Ha she le personally known to me w has producetl as identification and tale (did not) take an ones. My Commission Expires: (SlgnaNre of Notary) NAME'. (Legibly Forced) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No Cons4Wen Serviw¢ Fnranned, served! partial I Packet Page 733- 10/25/2011 Item 10.E. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No Cotner county Board of County Commissioners [(VIe Department) OMER) or Project Na. Cattier County Waler-Sever Olstrie(the OWNER) Application Dale FROM'. (Contractors Representative) Payment Application No. Cameron a name) for Work accomphomee through the Date: (Commodore Address) RE Orginal Contract Time Orginal Contract Pi $ Passed! Contract Time Total Change Orders to Data $ Revised Contract Amount S Tow value of Work Completed badinage Is m% mmpnaen sate[ s and Mored to Date g Retainage @ _°A after [insert date[ $ = Less Retai age g Total Earned Leas Retainage S Percent Work completed to Date'. Less previous payment (s) b AMOUNT DUE THIS S Percent Contract Time completed to Date % APPLICATION: S Liquidated Damages M be Accrued S Remaining Contact Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION ^ANTRACTOR'S CERTIFICATION: The undenigned CONTRACTOR ceNfiee Nat (f) all previous progress payments e eived hom OWNER on account of Work done under the Contract refamed to above have been applied to dlscharye In MI all Obligations of CONTRACTOR Incurred In connection with Work covered by prior Applications for Payment numbered 1 through _Inclusive: (2) 11 sit materials and equipment Incoryaraleb in said Walk or otherwise fisted in or covered by this Application for Payment will pass 0 OWNER at time of Payment bee and clear of all liens, claims, security interests and encumbrances (except sun as covered by Bond acceptable to OWNER), (3) all amounts have been paid for work whin previous Payments were issued and reserved from the OWNER ant that current payment is now due; and (C) CONTRACTOR has only (coupled amounts In this Application for Payment properly due and owing and CONTRACTOR has not disposal within me above rekrenced amount any claims for unauthodxed Or hanged Work that has not been property attrwM by Owner in wrong and In advance of sun Walk By CONTRACTOR: (Conitacti Name) (Signature) DATE'. (type Name a Tie) salve be signed by a duly authorized representative of CONTRACTOR) Payment to Me CONTRACTOR for ibe above MOUNT DUE THIS APPLICATION Is recommended : By Design Professional: (DP's Name) (Signature) DATE (Type Name & Tito) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved. By OWNERR S Project Managed- (Signature) DATE: (Type Name and Tae) so Clee,,vansewl,Eftnemem. awiema,rse Packet Page -234- 10/25/2011 Item 10.E. 3 F A O 1 =I P 9 — _ LE €f g gg f„ �! $'i.. 4 99 9_ I a 00 i, 9. S' € IM a `z TI d O Ga• °I t 5 E & e e!a xp: a Is it II'i w'S1" Pal4ct Pa¢n 735- 3 F A J Packet Page -736- 10/2512011 Item 10.E nC 3 3 fi S� b j Vii! I III Packet Page -736- 10/2512011 Item 10.E nC 3 3 fi S� b TO: Project Name: Bid No : Change Order No Change Order Description 10/25/2011 Item 1 D.E. EXHIBIT E: CHANGE ORDER FROM: Collier County Government Construction Agreement Dated'. Orginal Agreement Amount ._.._.. _......._.._.S Bum of previous Change Orders Amount _... - ...8 This Change Order Amount -_ 1 1 1 ..... -- .......5 Revised AgmementAmount ....._... ........_._...5 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 Throw Revised completion data 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 d 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: Done:. Project Manager Recommended by. Date:, Design Professional Accepted by: Date'. Contractor Approved by uate. Department Director Approved by: Date'. Division Administrator Approved! by Date'. Purchasing Department Authonzed by Date: Director cu¢waan servaslpreemeM RCUW sIV30�1 Packet Page -)3)- 10/2512011 Item 1O.E. (For use by owner. Fund_ Cost Conte[ Object Code: Project Number: ) Packet Page -]38- conafruaion Smiles Fgrwrcm' ReryM Bl1r]O�t 10/2512011 Item 10.E. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'SProject No Design Professional's Protect No PROJECT'. CONTRACTOR Contract For Contract Date This Dominate of Substantial Completion applies to all Work under Me Contract Documents or to the folkeeng specified pans Mereol'. And To Substantial Completion by the state In Me propose of the Work when the Work (or Eesignatetl potion) is sufficiently complete in accordance wish Me Contract Documents so that Me Owiwr ban ncupy or Wilke Me Work for as 'mbnded use. The Work to which this Certificate applks has been Inspected by authored representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, end that We* Is hereby declared to be substantially complete In accordance with the requirements of the Contract Documents on DRTE OF SUBSTANTAL COMPLETION A tentative list of Rents 0 be completed or debarred is attached hereto. Thy list may not be alhinclusive. and the failure to include an item in it does not after the responsibuty M CONTRACTOR b complete all Pe Work In accordance with the Contract Documents m tie above date of Suve I'M shall Comp or mnected by CONTRACTOR wiMln yso The responsibilities between OWNER and CONTRACTOR for security, ope2fion, Safety ^ heat ualbies, insurance and warranties Shall be as Mass'. Conw ae uuon GMUM, Algol Rwe alooss Packet Page -]39- 10/25/2011 Item 10.E. RESPONSIBILITIES'. OWNER'. The fall documents are altaGreE to and male a pan of this Canisters This ceniFlcate tices not cognate an acceptance of Work not In accordance wth the Contract Documents nor is it a release of CONTRACTOR'S obligation to cwnpate The Work in accordance wren the Contract Documents. Esecmed by Design Pmfessronal on 2011 Design Pmfessa nal CONTRACTOR accepts has Central of Substantial Completion CONTRACTOR By Type Name and Title OWNER asapts this Confined of SUMtantial Completion on ,2011 OWNER By: Type Name and Title ii Comaum m onaema Nana nt Ram:,eanao Packet Page 740- 10/25/2011 Item 10.E. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: _ Pni No.: Date: 2011 Contractor. The allowing hems have been secured by the for the Project known as and have been reviewM and fauna b comply with Me requirements of the CarltaR Documents. Original Contract Amount Final Contract Amount. Commencement Data Substantial Completion Time as act faith In the Agreement Calendar Days. Ae ual Date of Suad anial Completion Final Completion rime as set forth in the Agreement Calendar Days. Actual Final Companion Data YES NO _ 1. All Punch List items completed on _ 2. Wanan6es and Guiritua s assigned to Owner (atladl to this form). 3. Effective date of General one year wamnly from Contracor is a. 2 copies of Operation and pull ance nuals for equipment and system submitted (n9 manuals m internment to the form). s. Ad Built tllawinga obtained and bated: s. Owner personnel traired on system and equipmenmperaron. ]. Cerdf hoot Occuparcy No: airacM1 to this Nrm). _ _ B. (sued on Certificate of Substantial Completion Issued on g. Final Payment Application and Affidavis received from Contractor on: 10. Consent of Surety remained on 11 Operating Depadment personnel nou led Pmlect is in operating Phase. 12. All Spare Pads or Special Trials Pleaded W Oman 13. Finished! Floor fall mon Cedificate provided to Owner'. 14 Omer If any of the above is not applicable, Indicate by WK If NO Is necked for any of me above, attach explanation. Mknawletlgmen6: By contractor: (Company Name) (Signature) (Typed Name & Tlne) VIREE M Packet Page 741- sr Commwmn 3=11,,, Agmi a..ia 11 Professional: By Owner: 10/25/2011 Item 10.E. )Finn Name) (Signature) (Typed Name & Title) pepartment Name) Signature) )Name & Title) 58 conaWglen Samos N),naws ei ixtl &1RJ11 Packet Page -742- 10/2512011 Item t0.E. 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 Nat may reasonably be inferred from the Contact Documents as being required to produce the intended result shall be supplied whether or net specifically called! for. When words which whit have wall known technical or trade meaning are used to describe work, materials words shall be interpreted In accordance with that meaning Reference to standard specifications, manuals or codes of any technical sxiety, organization or association or to the laws or regulations of any govemmemal aulhonty 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 clarificaton from the Project Manager to said interpretation or clarification from the Project Manager may require as directed b consult directly with Design Professional or some other third parry, y Project Manager. Contractor shall take field measurements and verify fieM 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 pad of the Work. In the event of a discrepancy between or among the tlrawings, 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, bons, screws, ffilings, 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 net called for by the Contact Documents. 2, INVESTIGATION AND UTILITIES. 2.1 Subject to Section 23 below, Contactor 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', ss e,ri sem,m Agrem"t ni u1cro Packet Page -]43- 10/25/2011 Item 10.E. n 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 protect area as a whole', topography and ground surface conditions; nature and quantity of the surface materials to be enmunlered; subsurface conditions; equipment and facilities needed preliminary to and dunng performance of the Work; and all other costs associated with such performance. The failure of Contractor to amuaint Useff with any applicable condition shall not relieve Contactor 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 fealties and utility services above, upon, or under the Project site, said roadways, railways, drainage facilNes and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Connector 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. Contactor 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 Contra& Dmuments). ^ 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 in 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 nit have been discovered by Contactor as part of its smpe 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 madmons and, if they differ materially and muse an increase or decrease In Contractors 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 mmpensation or time for performance, of 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.dismvered by Contractor as pad of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contactor 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. Packet Page -044 - 10/25/2011 Item 1 D.E. 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 expedl0ous 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 he 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 es monthly Applications for Payment noted below. The Project Managers review and approval of the submitted Progress Schedule updates shall be a condition precedent to Me Owner's obligation to pay Contractor. 33 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. No lane closure from 6:00 a.m. to 9'.00 a.m. and from 3:00 p in. to 7:00 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. 41 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 Contractors 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 lest of its Subcontractors and material -men 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 fie list of Subcontractors submitted with Contractors Bid and any subsequently identified Subcontractors are subject to Owners 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 cedffad copies Of the receipts evidencing the premium paid by Contractor for the bonds. ^ ca.aamar s.nae fig ant Rai slims1 Packet Page -)45- 10/252011 Item 10.E. 43 Contractor shall submit all Applications for Payment to Collier County Project Manager, Julio 39/252 5 6ECM, 2685 South Horseshoe Drive, Naples, FL 34104, Telephone No. 2 3 912 5 2 -5162, Fax No. 239252 -5668. 44 Unless expressly approved by Owner in advance and in writing, said approval at Owners 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 Owners interest therein, all of which shall be subject to the Owners satisfaction. Thereafter, with each Application for Payment Contractor also shall complete and submit to Owner as pad of its Application for Payment, the Stored Materials Record attached hereto and made a pad hereof as F hibt 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 crude the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate Rs approval of the requested payment, (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; of (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 me Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 43 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 discretton to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage had throughout the course of the Project schedule. Owner shall .� reduce the amount of the retainage withheld on each payment request subsequent to as carwWo�oa simmm vrasn Packet Page 746 10/25/2011 Item 1 D.E. fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owners Purchasing Policy. 4,7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractors WOrt<. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit , in fire form attached as Exhibit O, acknowledging Contractors receipt of payment in full for all materials, laboc 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 Nat 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 basetl on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Managers review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contact 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 h under this Agreement pending resolufion 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 an the date of services or within six (5) 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 9aches" as untimely submitted. Time shall be deemed of the essence with respect to the fir ly submission of invoices under this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof because of subsequently discovered evidence or subsequent inspections that reveal noncompliance with the Contract Documents. The Prefect Manager may nullify the whole or any part of any approval for payment Previously ^ covm,mo. s.,.,wn Ae,emrem. w.i.aa stool 1 3 Packet Page -74]- 10/25/2011 Item 10.E. 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 Owners opinion to protect it from loss because of (a) defective Work not remedied, (b) third parry claims had or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment property 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 Wont will not be completed within the Contact Time; (t) unsatisfactory prosecution of the Work by the Contactor, or (g) any other material breach of the Contract Documents by Contactor. 52 If any conditions described in 5.1 are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractors 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 Contractors 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 sa0sfied 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 contactor for services performed of for materials delivered in association with a contact. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218735, 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 Contactor first, and as an explicit condition precedent to the accrual of Contractor's fight to final payment shall have furnished Owner with a propedy 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 Contractors acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in wriing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in i5 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 c"Imew, a amnia ng�A aan :e erao`I Packet Page -749- 10/25/2011 Item 10.E. 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. T. 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, lest results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contact 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 Specked or described in the Contract Documents by using the name of a proprietary item or the name of a partimlar 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 Omar d 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 Contactor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute hem of material or equipment, Contractor shall make application to the Protect 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 m identified In the application and available maintenance, repair and replacement service shall be indicated The application also shall contain an itemized estimate of all mats 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 Contractors expense additional data aboulthe proposed! substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction a indicated in or required by the Contract Documents, Contactor may furnish or utilize a substitute means, method, sequence , technique or procedure of construction acceptable to the Project Manager, it Contractor submits sufficient information to allow U co.m�,au..s.niaz+s��^<m. m..i..e errza�.r Packet Pays 749- 10/25/2011 Item 10.E. 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, rf 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 perfornance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Managers 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. B. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in wring 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 net 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; 8.12 Soil functions which adversely affect the Work: 8.1.3 The hours of operation by Contractor's and Sub - Contractors personnel; 81.4 The number of Contractor's and Sub - Contractors personnel present and working at the Project she by subcontract and trade', 8.15 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); BAS Description of Work being Performed at the Project site; 8.17 Any unusual or special occurrences at the Project she; 8.1.8 Materials received at the Project site; 8.1 .9 A list of all visitors to the Project co.n� xmm Mn. .r xam ervxsa Packer Page -75P 10/25/2011 Item 10.E. 81 10 Any problems that might impact either the cost or quality of the Wodr 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, inducing, but not limited to, all drawings, specifoations, addenda, amendments, Change Orders, WoM Directive Changes and Field Orders, as well as all written interpretations and clardcations 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 We* 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 Prepaid 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- BuiIP 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 Contractors 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 n coordinating c ina the its that Work being done on the Project by its subcontractors and as well Worn with all work of others at the Project Site, so at its Work or the work of others shall not be delayed or Impaired by any act of omission by Connector. Contractor sand be solely responsible for all construction means, methods, techniques, sequences, procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12 2, herein. wraa67 Packet Page 751- 10/25/2011 Item 10.E. 92 Shouts 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 he 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 fine 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 acknoviedges and agrees that it shall receive no damages for tlelay. Contactors sole remedy, 0 any, against Owner will be the right to seek an extension to the Contract Time, provided, however, the granting of any such bond extension shall not be a condition precedent to the aforementioned "No Damage For Delay' provision. This paragraph shall expressly apply to claims for Sony completion, as well as to claims based on late completion. 94 In no event shall any approval by Owner authorizing Contractor to ccminue 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 lime 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 section 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 wthout 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 wilting prof 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 prof written approval for any changes will be deemed: (1) a waiver of any claim by Contractor for such items and (a) an admission by Contractor Mat 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 Fxhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes ^ authorized by duly executed Change Orders. The Contract Amount and Contract mime Packet Page -]52- 10/25/2011 Item 10.E. shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 103 If Owner and Contractor are unable to agree on a Change Oder change the requested change, Contractor shall, nevertheless, comedy pa the Contract directed by Owner in a written Work Directive Change. In that event, Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees win the Owners adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Cohabiting or else be beamed to have waived any claim on this matter d might otherwise have had. 10 6 In the event a requested change results in an Increase M 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 Subcoritractor, 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 Mean percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home once overhead is included In the markups noted above. Contractors 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 fight to conduct an audit of Contractors books and records to verify the accuracy of the Contractor's claim with respect to Contractors costs associated with any Change Order or Work Directive Change, 10S 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 Oder or by other written order. Such changes shall he binding on the Contractor. 10 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 authored. 11. CL MSANDDISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment of interpretation of the terms of the Contract Documents, payment of time or other relief with respect to the terms of the Contract Documents. The term ,..� Ce.wmen s..� xs Meeei an,:.e a+aoI Packet Page 753 10/25/2011 Item 10.E. "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 lW een (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, sun 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 contacts. 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 Contactor 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 ulilty owner and other contractor who is a party to such a direct contract (or Owner, ff Owner Is performing the additional work man 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 coding, filling and patching of the Work that may be required to make its several pans come together properly and integrate with such other work. Contactor shall not endanger any work of others by cuffing, 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 Contactor under this paragraph are for the benefit of such utility owners and offer Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon dre work or any other contractor or utility owner (or Owner), Contractor shall inspect and conoNdon s.N�USbremKMrc. w. YIMII Pacod Page -]50- 10/252011 Item 1 D.E. 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. Contractors failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractors WCrk. 13. INDEMNIFICATION AND INSURANCE. 131 To the maximum extent permitted by Force 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 including, but not limited to, reasonable atierneys'fees and paralegals' fees, whether costs resulting from any claimed breach of this Agreement by Contractor or from personal the injury, property damage, direct or consequential damages, or economic loss, 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. 112 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 indemnfied party. The duty to defend anew immediately upon presentation of a claim by any party and written notice of such claim being Provided to Contractor. Contractors obligation to indemnify and defend under this Article 13 wil survive the expiration or earlier termination of this Agreement unfit It a 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 Me 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, eminences, 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 Prelect 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, miss or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work. Contractor is emitted to a Change Order for such increases, except to the anrso71 Packet Page -755- 10/252011 Item 10.E. n extent Contractor knew or should have known of such changes prior to the data of this Agreement. 142 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that d 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 seer and regulabons 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 Venfication System (E- Verify) operated by the Department of Homeland Securty PHIS) in partnership with the Social Security Administration (SSA), provides an Intemet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any oM.er employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITS) and Request for Proposals (RFP) including professional services and construction services. i-. Exceptions to the program: Commodity based procurement where no services are provided. Where the requirement for Me affidavit is waived by the Board of County Commissioners Vendors / bidders are required to enroll in the E -Verity program, and provide acceptable evidence of their enrollment, at the Gme of the submission of the vendors/biddera proposal. Acceptable evidence consists of a copy of the properly completed E -Verity 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 Bidderlifenclor does not corn 1 Wfth rovidinas both the acceptable E- Verlfv evidence and Use execui affidavit MG b'dd r' I d I 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 "F cepfons to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following websile: htm' /Aar+w dhs eov /E- Venfv. It shall be Me vendor's responsibility to familiarize themselves with all rules and regulations governing Nis program. n Packet Page 756- 1025/2011 Item 10.E. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with life provisions of the Immigration Reform and Control Act of 1986 as located at 6 U.S.C. 1324, at 3 and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure byte awarded flrm(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. 151 Contractor agrees to keep the Project site dean at all fimes 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 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trace and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractorhom damage during the prosecution of the Work. Sublectto the Section 2.3 above, any such impmvements so condition equal to that existing at the damaged me of Contractors rcommencement of the Work. e by Contractor to 18. 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 Cwner'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. 171 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner, may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor Is acquiring permits. 17 2 All permits, fees and licenses necessary for the prosecution of the Work which are not Issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and offer similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. .a Gmwtlm Serum Pgmemen[ awrteC LIDOn Packet Page -751- 10125/2011 Item 10.E. n 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, 0 Contractor: (1) fails to begin the Work under the Contract Documents wr in the time specihad herein; or (2) fails to property 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 of 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 commds any ant 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. 182 Owner shall notify Contractor in writing of Contrector's elements). If Owner determines that Contractor has not remedied and cured the defaults) 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 he rights and remedies against .-� the Contractor's sureties and without prejudice to any offer right or remedy it may be entitled to hereunder or by law, may terminate Cont2ctor'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. 183 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any fuller payments hereunder until after the Pmject IS completed All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and offer 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 d 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 brut 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 Oe Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. cmmuewn axr��nareemmr. iir WFOil' Packet Page 758- 10/25/2011 Item 10.E. 18A The liability of Contractor hereunder shall extend to and include Me full amount of any and all sums paid, expenses and bases 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 WOW and providing labor, materials, equipment, supplies, and dher items therefore or re� letting the Work, and in settlement, discharge or compromise of any claims, demands, suite, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractors right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in defaurb of Mat ifs default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, [hen the termination will be deemed a termination for convenience antl Contractors 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 untlisputed payment to Contractor wAnin thirty (30) days after such payment is due or Owner Otheiwise persistently fails to fuHll 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 Contactor may slop as 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 days WOW is So stopped for a period of one hundred and twenty ( ) ^ 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 corroad with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Convectors intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractors written notice, Contractor may upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for WOW performed through Me termination date, but in no event shall Contractor be Small to payment for WOW not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the night 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 Mat potion of the Contract Amount earned through the date Of termination, together with any retainage wihheld and reasonable termination expenses incurred, bW Contractor shall to, damages entitled ortany anticipated profit on portions Of against the Work not Performed not limited 19,2 Owner shall have the right to suspend all or a opinions e nMb iof the WOW of such s upon givi g Contractor not less than two (2) calendar days' prior Contactors sole and exclusive If all or any portion Of the Work is so suspended, ^ remedy shall be to seek an extension of time to its schedule In sowrdance with the ewer+ Packet Page -759- 10/25/2011 Item 10.E. 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 designatetl 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 thereol) to calamine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the We* (of designated portion) substar ly complete, Project Manager shall prepare and deliver to Contractor a Certfcete 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 gems to be completed or corected by Contractor before final payment. Owner shall have the tight to exclude Contractor from the Work and Project site (or designated poll thereof) after the data of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 202 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, g 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 Contractors certification that the We* 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 Contractors Final Application for Payment. (2) The Release and Affil in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination ^ as to the Work's acceptability, even though the Design Professional may have issued its C"eldm„s. ee xgmenert Reae 6102011 Packet Page -]64 10/25/2011 Item i0.E. recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material -men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all WoM 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, cleared 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 detective 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 even[ of an vier notice emergency, Owner may commence to correct any defective Work, i p 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 pnor to expiration of the warranty, the Project Manager, or another representative of the Owner, shall wnduct an inspection of me warranted MM 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 de 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. 221 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 Preject Manager with timely notice of readiness of the Work for all required Inspections, tests or approvals. 222 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected tested or approved Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project ^ Manager the required ceffificates of inspection, testing or approval. All inspections, n Packet Page 761- 10/25/2011 Item 10.E. 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. 22A 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 Contractors 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 Managers observation and be replaced at Contractors sole expense. 22.5 The Owner shall charge to Contactor 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 (S) 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. DEFECTNE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contactor 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 detective Work has been reseed by Project Manager, remove it from the site and replace It with non - detective 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 Managers request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defeotive, Contractor shall bear all direct, indirect and consequential costs of such uncovering, +t Cmistri Ski Nmm.m. aev6ed Wlrza Packet Page -]62- 10/2512011 Item 10.E. exposure, observation, inspection and testing and of satisfactory reconstruction ( inoluding, but not limited tc, 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, and reconstruction. 23.3 If any portion of the Work is defective, or H Contactor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Pro act such a way that the completed Work wi; conform to the Contract DCLUmep s, cause Manager may order Contractor to stop the Wont, or any portion thereof, until 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 fine Owner determine, at es sole opinion, it Is in the Owner's best interest to accept deadve 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 detective Work. If such determination is rendered prior to final pay 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 after Work Contractor acceptance r appropriate amount to adeqt ly com ale O1 or is of the defect ve Wk 215 If Contactor 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 rf Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contactor, cored and remedy any such deficiency. Provided however, Owner shall not be required to give notice to Contractor In the event of an may exclude Contractor necessary to complete corrective and remedial action, Y from any or all cif the Project site, eke possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession l Contractors ln appliances, construction equipment and machinery at the Project site and 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 Conai and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, ., including an appropriate decrease to me Contract Amount. Such direct, indirect and cl%wVvl iii AQ 1. aa.roe vlalI n Packet Page -963- 10/25/2011 Item 10.E. consequential wets shall then p, but not be limited to, fees and charges of engineers, architects, attorneys and oath professionals, all court costs and all costs of repair and replacement of work of others destroyed Wo or damaged by correction, removal n replacement of (`Contract T detective Work. Contractor shall not performance allowed rk extension of the Contract Time because a any tlelay in ies her of the Work attributable to the exercise by Owner of Owners rights and remedies hereunder, 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competenfly 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. Contrador shall be responsible to see that the Trained 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 Owners 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 rf given to the Contractor. Owner shall have Lire right to direct Contractor to remove and replace its Prcjed superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contactors Project Superintendent and all of Contactors key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and M 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 connector's work crews, or work crews of other parties authorized by fire 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 Contractors monthly pay estimate, compact moneys to account for the Owners loss of adequate project supervision, not as a penalty as liquidated damages, separate from the liquidated damages described in Section 5.E, 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 Owners separate contractors , Contactor shall be charged with the same, and any moneys necessary to replace such Ions or damage shall be deducted from any amounts due Contractor. 252 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 4. Packet Page -]64- 10/25/2011 Item 10.E. 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 wham 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 bemuse of the action taken in response to an emergency, a Change Order shall m 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 . t the owner or Contractor occupant thereof, or any andror 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'. 28TA All employees on or about the project site and other persons and /or organizations who may be affected thereby, 28.1.2 All the Work and materials and equipment to W incorporated therein, whether in storage on or off fine Project site; and i CanArvtllon aen' =:>s,.aneat s ai e+ao1 Packet Page 765 n 10/25/2011 Item 10.E. 28.13 Other property on Project site or adjacent thereto, including tees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 282 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having judsdictlon 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. Contactor 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 Me 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 installatons 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 hill time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractors 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 these of any other person or entry for wham Contactor 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 We* may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contactor shall comply with the following: 28.5.1 All Ownerfaciliies 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 are 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; Packet Page -766- co.uivmon smrvio Ain . V vi n V all 10/25/2011 Item 10.E. 28.5.3 Contractor shall strictly limit its Operators to the designated work areas and shall not pannit any Employees to enter any other portions of Owner's property without Owners expressed prior written consent; 28.5A All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owners 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 faality regulations Issued by Owner's officials charts, as sad regulations may be changed from time to time'. 20.5.5 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilu ation plan approved by Owner or as otheneise designated, from time to time, by Owner in vandri ', 205.7 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 Owners 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 Owners safety and security regulations, and shall comply with all security requirements at Owners facilities, as said regulations and requirements may be madded 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 Contactor shall attend any and all meetings convened by the Project Manager with respect to the Protect, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre - construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contacts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completionttemiination of this Agreement. ca�.wwo. s.ri� Mreme.A ae.�=se ur ao83 Packet Page -96]- 10/25/2011 Item 10.E. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Rightof -Way, the Contractor shall provide and erect Traffic Control Devices as described! in the current action 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 Whi 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 colllergov. neVpurchasing. 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 became 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: 322 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 t will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximae cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, staring, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within c�zm�ap�s.mzzz ns�rc. w.u.aenrso8+ Packet Page 768- 10/2512011 Item 10.E. and covered by Contractors warranty to Owner to the same extant 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. 323 Bidder represents and warrants Statitt is,awarelof its M1s statutory responsibilities for and sales tax under Chapter 212, excise taxes. 33. SUBCONTRACTS. 33.1 Contactor shall review the design and shall determine how d desires to divide Me 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 is first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severabrity, 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- qualfieT 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 Contractors bid that were approved by Owner, Contactor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers , t intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be set - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such .-. a Packet Page -769- 10/25/2011 Item 10.E. work. Contractor shall continuously update that ance Subcontractor W 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 Owners 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 forms 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 pant 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 waranties 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 proposes 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 Told (on-site) supervision through a named superintendent for each trade (si 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 qualifies 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 6A That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, Inducing delays chimed 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 Be co..weioo si . rawwa vloci Packet Page 470- 10/25/2011 Item I0,E. 33.6.2 In the event of a change in the work, the Subcontractors 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 Prof. 33.6.3 The subcontract Or purchase Order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute As sole and exclusive remedies for delays and changes in the Work and thus Iul additionaloomtuddiefou claim for Increase in the contract price, damages, Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into Over sub - subcontracts and purchase orders . 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional Post 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, maintain at the Preject age , ' original or copies of, 34.1 Contractor shall Project files and records, including, but not limited to, the following on a current basis, all administrative records: 34.1 .1 Subcontracts and Purchase Orders 34.12 Subcontractor Licenses Submir"VAppmval Legs 34.1 3 Shop Drawing PurchaselDelivery Logs 1A Equipment specifications with Addenda 34.15 Contract Drawings and 34.1.6 Warranties and Guarantees 34.1 .7 Cost Accounting Records 34.1.8 Labor Costs 34 1.9 Material Costs 34'i 10 Equipment Costs 34A 11 Cost Proposal Request 34 1.12 Payment Request Records 34.113 Meeting Minutes 34.1.14 Cost - Estimates 34 .1.15 Bulletin Quotations 34.1.16 Lab Test Reports 341 17 Insurance Certificates and Bonds 34.118 Contract Changes 34 1,19 Permits Material Purchase Delivery Logs 34.1 20 34 121 Technical Standards 34.122 Design Handbooks 34.123 "As -Buff' Marked Prints ^ 34 124 Operating & Maintenance Instruction Packet Page 771- 34.1.25 34.1 26 34.127 34.1.28 M,1,29 34.1.30 34.1.31 34.1 32 10/25/2011 Item 1 OE. Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates 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. 3,4.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the creed to the Collier County Board of County Commissioners, 'Board', up to two (2) times per contract farm. 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 mth approprate 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. kL1lP:R1= Any suit or action brought by either party to this Agreement against the other party relating to or arising am 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 cast 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 ce�.wam� s.. ea,em.M: a.mua vumas Packet Page -7I2- 10125/2011 Item 1 D.E. limited to: design, construction, and construction, engineering and inspection (CEI) services. Addifionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ASOVEGROUNDAUNDERGROUND TANKS. An underground 62461, Florida Administrative Code (F A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the'Counly 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 miss. Regulated tanks require Political to Me'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 installafioNClosure 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 52 -761 F C. and 62 -762, F.A.C. or you may contact the Pollution Control Department wM 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 Repoli 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 Owners 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 Owners projects is not in the best Interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding perrafted by this Agreement to resolve disputes between the parties, the parties shall make a goad 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 ^' ce�.m�am�san,�w µms. ,i awr=ae etaoar Packet Page -773- 10/25/2011 Item 10.E. resolve the the t through Mediation before an agreed -upon Circuit Court Mediator ce NSU by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and reached OWNER'S staff person who would make pr presentation ei any settlement submi at mediation to OWNER'S boats for approval. Should may either party fail to submit to mediation d required hereunder, the other party may obtain a court order requiring mediation antler 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. m Cerewction Serves 4raencrM1 amp a�Li011 Packet Page -]]4- 10125/2011 Item 10.E. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISP STER card crack network as a payment vehicle for goods and /or services purchased as a part of this contract Packet Page 775- 10/25/2011 Item 10.E. EXHIBIT J' TECHNICAL SPECIFICATIONS Collier County Utility Specs shall be included wnh this agreement. Supporting documents found at: http: / /bid.colliergov.netlbidl u�nNa� s.r��AZ =a ae.� a�inolI Packet Page 776- 10/25/2011 Item 10.E. EXHIBIT K: PERMITS ENWIRCHOMENTAL RESOURCE STAINLESS) GENSFACORMI o�, Sao RECJVc0 PER.. „ry aO.ROOF000h _ COMMISSIONERS COO i b O ORII Tyco.p a NAPLES PROJECT OESCw.,wM TOW I.. �.v �e�a� ,. Eaw m.mm Aga On cmm RE, Emram ru .. TO" R,,A nA,e a �R`w SEC 11 tec ASS RISE EME PERMrt DUR..m.N �EO.o.Wma�.Ra:�. s..mEaaA.i..oE.ca.«.wm�,..w.. in ON CEO EISOO ,I n.,b.r TDO SEE W02 WE 9751 One a. W cmnweR sar�w>n "'I RWSI zl niI Packet Page -7]]- 10/25/2011 Item 10.E SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE /A STANDARD GENERALPERMIT NO. 11 4090.$ DATE ISSUED'Dacen0ar 8, 2010 pc �q/ Rana Mai Y RGCE Yp✓ PERWITEE: COLLIER COUNtt BOARD OF COUNTY COMMISSIONERS 2895 SOUT1 HORSESHOE DRIVE 7£ & `..M. NAPLES, FL 34100 DeK PROJECT DESCRIPTION: TW Optical 'a a re0uesl !d a Serval Permit Mcdffi=lan euMOlYing Cons n than and Operation of a Anti wader mania emmM e�Aem nerving a B.19- cm sbmm&ae pi even as Taylor aned Impmvema dskom Ping Ridge Road M J and C indadvgp wIPF Me Plm Ridge IeasNal Pi wf0 dodtaye into " Wakrs N tire Secon Inner Mai AN He Tayor Road Mai mmeyvwe ayeam. PROJECT LOCATION: CC IER COUNTY, SEC I I TWP 495 RISE ME PERMIT DURATOK: Sae Spend Mai No 1. See asical Rule AMA 321, FisIda PLminiand" Latla. m noub�d Rat r1ewnmmms NXZdl�nlm la l=ama ✓,Wlnrv�w. isuni.al . mmontan x�o Tlaa mm. 11n, pu - and Mai 4MH0, der. AAAaaanaaw ^wm P AO? Yoe w4avu a o. wave. oi.mn NA, n... an valn.e m and An Ew..mrm.l RM.® amai+wme s in Man Iw As. I . e.I ma. Sea ant W, camar tm.'i III ad'a.®aml.. Meant 2 IM mamwm wmm CAMSAm We Dan, =ram m, a. me amen l5 swelC.numu law hp. -. 5. a or el a^J 1 a ��.,aa.ezcumndal ands me. e.nann> mae. Ali ma" sai Rap d days Manh waanne As,m.aa "Ma ml....o I. Me Has. awi"`0an�a aaawl i" m a®mwn®w As Data seta a as it at Ina �'�..i, Me w.ea�a dons CERmnCATE OF SERVICE aHEREBY cued d annis ten di) lm leler DanS 00 PAT 0s M,s"em MAI to this day of Deameoer.2010In Ncesent i wan Section 1z6af Iaw BY P IIIe fiend Jr CaseCLmver Wes', Ong Cent CmMlAlmyt 7Cen3x CenMed mail numCer )OT3020000P 6465 9751 Packet Page -A8 1012512011 Item 10.E. NOTICE OF RIGHi6 As required dY Stallions 12gm g(1), and 12060(3), Fla Sid., followlpg's notice of too pop ansuples wMch may be available for administrative hearing or'lutllcial review when the substantial Interests of a Dedy are detetmined by an agency- Plead note Nat Ihes Notice 01 Right is not intend demetl brands legal fish e Not all ins legal somethings detailed below may be an app¢able of appropriate Y to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATNE HEARING A paean whose substantial interests are or may be affected by the SOUK Piston Water Management Dsuld's (SFWMD or DISOn1) Damon has be ti Sit W Persons seeking as eafiybonne District t action wprsuant to Sections 120.y g and 12051. ,,on does or may determine pair sobstanmel Interest shall is a pdimon for hearing with Ins Dlshlct Clerk notes apply 21 days ra ut r14ea days of be noble of wnsenodated intent to grant or deny consumedly a veewed apply. )cal pursu p3427ons rot not or 2) world l resource days Of S and use of sovereign SubteeOrd adds ubsection 373119 Fla Snot Slat 'R)ece l t of written notice of agency dendemn "means it of eNerwritl n hands breach (m pmugb mail, or or that a Di or Dosing pal the to take has Or intends b take find agency action recei es or arson urban 01 n f a ibel be decision day or Intends b take final agency air h Any within who receives deaenxd above "Ives be right 10 tap e t a hearing an that deciision? lilt hearing within be mmeframe Filing lnstmdlOns The made by be filed a-0e0very %o tacermad stRings Isle of Ne i mM nFilings t e acc mbal.OAnycbanch y coal me Y cmai wishing to moreve a clerked copy wiin the Gale pntl time n Burin mast provide an home byte Dou A action for administrative nearing IS deemed filed upoyFlontla Any contract received by the Of' of be Clerk at SFWMD modquaders In West Palm BeacM1, Y SFWMD Glerk after 5'00 A in shall ba tiled as of B:00 a m. on the next regular business day. Additional Ting Instructions are as Idkw+s: • Flings by mad must be addressed to the O%ke of the SFWMO Cash, P 0. Box 24660, West Palm Beach, Fronds 33410. Filings by hand -0Statery net delivered do Ne 0 %Ice d the SFWMD 61erL� %Dry of a it • petitpn to the SFWMO's security desk M a nM consulter tiling. To ensure r ice n will be necessary to request the SFWMG's secunN offer t0 tooted Me Clerk's Deice. An employee of pe SPAMD's Clerk's olfiu mil receive and file the petitkh F misbyf aimde musk etronet liked to the S FWMD Clet S Come of (501)6825010. PUnvdnl to Subsections 28106.104(7), (8) an tl 19), Fla. Atlmla Cotla, a Deny who mks a document by for faceimde represents that Ne o trial phyaicaliy Sigratl document or subsequeN P brnce�le9n° that the duradm of that DroceedIng and of any sib segi enitacspi�D snail C sea R1ItMe for any delay, cause- Any patty who elects to fie any tlo an by dandyish, or InlermD4'on of the slecimnto Ignals and accepts IM1e NII risk Net Ne document may not be pmpetly glad lh the clerk aaresell. The fifing date 1pradewment filetl by leasing shall w tee dale the SFWMD Clark receives Ne complete document. is mToop Packet Page 779- 10/25/2011 Item 10.E. Initiation of an Administrative Hearing February to Rules 2 &106.201 and 211301, Fla. Admn. Code, Shall of an administrative hearing shall be made by ahead petition to the SFWMD in legible form and on 8 and 12 by tt Inch white paper Ati Feature shall ordla rt I . IdentYcatlon of the action being contested, including me permit number, Separation number, OlstnA file mandamus any other SFWMD idenffxahon numbx, If known. 2. The name, address and telephone number niche pardoner and petitioners representative, if any 9. Ad abanat'ion of how the petitioner's subsdantial infarests will be affected by the agency determination. 4. A statement of when and how the petlhoner receiving notice of me SFWMD'a decision. 5. A vaelament of all deducd Issues of material fact. If Here are none, the petition must so Indicale. 6. A concise statement of the ultimate facts alleged, induff me enable facts Was pefPooner contends warrant reversal or m rdnicalion of the SFWMD'a proposed action. ]. A statement of the aboard miss or statutes the cent r contends requite reversal or ManiCation of the SFWMD'a proposed aclicn. 8. If disputed Issues of material fact ears, the statement must also Iwords an explanation of how the alleged faces relate to me specific rules or Sidi 4 A statement of me teller sought by the petitioner, stating precisely the adlon the petitlpner wishes the ""you to take win respect b the SF i a proposed action. A demand may file a inquest for an extension of time turning a petition. The SFWMD may for good cause, grant the request Focused; mar extension of Ime most be been with the SFWMD prior to the deadline for hfutg a petition for hearing. Such requests for extenaud shall conlem a certificate that he moving party has covered with all other parties concerning the extension and bat the SFWMD and any other parties agree to or oppose the extension. A lamely request for extension of fine shall toll the running of the time pi for fieng a peWien unN the request Is acted upon. If the Dishkl takes adron with substantially different impacts an water nesoumes from the notice of amended agency decision, the parsons are may be substantially aHaded shell have an additional point of entry pursuant to Fula 2 &106.111. Fla. AdminAWe, unless omeredse provided by law. Mediatlon The pmcedums for pursuing mediation are set and in Section 120573, Fa. Stn, and Rules 2 &105 -111 and 28408.401 -405, Fla. Adman. Code. The SFWMD Is not proposing metllation for Nis agency action under Section 120573, Fla Slat, at the lime. RIGHTTOSEEKJDDICIALREVIEW Putsuenl IF Sections 12080(3) and 120 68, Fla Spat, a oats veto Is adversely aReded by final SFWMD ardon may sat real rev»w of the SFWMDS hurl dcesFm by hints a notice of appeal purevany to Fear Rule or Appellate grounders 9 110 In be Fouts Distttd Cool of Appeal or in the appellate mstred where a pally teardes are, fare a second copy of the notice war the SFWMD Clerk within W days d rendering of the Mal SFWMD adm Rem. iiapnr05 10/2512011 Item 10.E. Wooden rn.:1 Pi 206 GENERRL CGNDIMNS 1. NI ac hes auNmiml by Me pamitl aFatl be Impmnentea as set MN In Na pans. spetlfiratiorm and pea w aXeN as appm'add by its manly My forefldn M1wn Ne W"MW Shaul aM the wndWM bar deferral Met av4nty armal wm4Wter a rehear d Nla paned and Part IV, Chapter 3M 2, TM1s When or a wiry Naeol. Wmple O "M am amd . attacl wnlNh, and modMCaaone sl'311 be keg at Me wk &'a W the pmndtea admey, The m pMe pmmM anal W same for mic: at Ne ande sit perm^ meta o Wemn�s«enaeaddf Me aafrvllm aN'Nna a by NN perm wnt2d« M homes My mmpere Mnl4ea appn+ed by $,a wren shoo be wMucal In a realwhLT Was at WSe mudial of StaN a watt summer amrgvds. The parml Shan lmpbmem best rnenagdmmm Radial m aremn comadl Mo m�emdaan gMmnMOn , end tendered wave Temporary MW W stag w shall When days of Ismen area as m maim and MNWIy d of al l«s s P can of any Wnswction ochry. TuabiMry ensure due ta Me where Me pmalbaity, d Wn9 M09 NRIWW a solids Imo Me rawNnp walerWay psale eon «odium a Eeir g eon nvI bwnne&�fiNw NAiI pa01 as roam be in asay was tl e guidelines ana Wetlfi nadeemWe 11 C e of tle Fbada Lana oeaebptrentMV !ual: ^Comeby Sound tvid and Wad Maiapern )GeparMer, al E We nmaMeI RegulellM. mnaGCrateO by 1pmmvn� m pan main Dann 1L AmeeeeMr tM p eemilk�e sWhell as anise 1WO Me��ul ad ne Am borers The paenMes sell Wtrecl any an ar shaelirp tlwt wueas aaveraa impetle to ite water e. me parmMee shall way to Diana a Me anticgatea mriaWdYr ate dale seems X days at Me data Mat MIS pamnt is issued. At lean eO lent Was n mmmenWnent a edmtY autlwasea W 9va wmmL her pa "a era when to µe G'anet an Enrtrcnywal Reaourae Pemnt ConsW Commenwmea Norm Ferry murder 0980mndiWt" Me Whom! scan date and to exp Whandful w^TI data x When Me aureron of ¢mburri0n an WMea Ww Year. to pdmmee meet rep WS burrs enau rgah b to Sound on an annual Weill WIdZNd an annual rural mean m M"« the NlOW June fl much year. _ ...___. _..�.... d �mIn Rule amIWO axe. ..e =-- ..�... _ _ . b oneervaron a t anamxtkn w renew of ae Wlatt material War aw on ham the apparl demands are be acewnl¢niM by a Wiry al the approved pemN des $ me deieavns holed. Born Me original m award spur lw Moat W deafly MONTI Fre pans must ads emery labeled aa'msbulr «'re«/d' aesNegs. All suMyed dimensions and emvarmns shall day warned by m regisleeed swa%roe. F. me dpeais of cam nnammh(6) amaeM seam wtbm�e as hwueat V derhveamscn of m al A add uramw epulremen mortar ham owm e'WM a Platy in O tams on PM1aee. Fwm No and Me a tlty apaoued by Me GisNd in he in mm war Sa as p«mmM Wens and m monies of R: an acewdanm war Sehlms 90 and 10a of die Baau of Ra+iew f« Environments Readurtv Permit 10/25/2011 Item 10.E. am,.warnad: emrpal nal GENell CONOmONS Apfdiutimp Al We South Florida Walter Maregemenl Glenna ayspb responaiiNly M gM9tlM end mainlaunne of Me a Wm. road not And rwt be uarmlerteb b ¢ulr app ¢ NM and mNmenance At come War baeball pie. W We A mil becomes; offall. Fo9w'mp inepecllon and approval of lire pamM1 $y by the Deihlµ Me par mw shall batieW tart M Me permit b Me aPP I re¢p is epaRling en4ty 4 different from Me Prni UnW Me perms 0 tam Fred pumUF lto thal 40E- 1,61017,FAC., Me pxrNbro dhoti M liable far wmplanoe MM Me Wrme Of Me MAI e. Earth "so or Independent pMUn M Me grr it sySMm must A Wmplaund in aanNarrm I Ore Wourri ted More and will control prior M Me IAvadm W Me pamrlded we of Ad Imrasty looted wMM We ma save] by Met rer4on or truer M the spsg Fear Item OF lndepndem yNm A Was steam must M mnpWWa in aorvdenae wad Me Were ham moo will mrAbA& Poor M Moral N wbgmAbipy for opera0m and m nl am of lad plu¢e n portion M Me ryebrn N a Woo govammW or other teepan¢ide whI I For MIry ms Mat MII be cpvaW w MOM wd by an aratudy Met All require an eawne'rt or deed menterm In Order to enable Mat mmhy, or ge o' mal Me system in mrlomrav rind Mia pnmil, such msmm sat m dead re¢hINS most be remded in IM public recmda and amounted W We DWb along AM soy Wrn lest operation and malnrereece dommmma required by Sawl 90 and 10.0 aMe fiasco of Review im EmlmnMll Fabo o Feel aphadmil or 'whin Me South Martha Water Management GiaMch pray la IN or rmrta broad or poor to the cwnµetion Nth ambient, wldchal mmw Rrx War documents cncem'mrg Me e& bfmtmrent and auffil N lad Msadng Army mud be filed Ath the Sevedry d stag, county or municipal antl fter Fired Wmadm and minLLmi daenrenb most be recaivpd bey the GImWh when malrrinerrce and apeman of the speed M avaplal by tln Fall Oovmmrrcnt a llly. will to worry Me aromOriate final dxu bill will mind M Me pambee snail table be Orr ang wt IInpnaro and operamn NMe penned sysem and and other permb mrAtlns 10. SMuld and Other regulatory agetey"I Changed to Me permitted rysbm, Me pmmlWe dmll mtlry Me GIal venting N tad eMrgea pert b Mplementmm w teal a determin Iran be made xtmlber a pemrilm elfiretim ha nequred. t +_ Thia permit Lowe not eliminate Me namatiN to amend any rmbered haunt, One Mande WMai a ahabibam Prom to this Stan N any ai appro+ed by Mile barred has permit food Fort convey to and pennitee or ae In Me pew a any pmwM Fill, or aryinwm In real Pay ,, I debit aururne any that upn maamCea on pml>ary whi a not wined or mmroowd by Me Wmi .or 6Mrsey any hill w Peivue0ed Omer tram Mme speo(ud in the pu tend Cooper 41 or Chapw 10E <6 F.A.C.. 12_ TM pm m N Mai lodand Mal Setlbn 253 », F S. worse that a person may M wmmenm any wadon, conduction, mother atlMey IrwF wg Me has 0%weragn Or affair ends of Me Sd . the Me I wlricn Is vent 1 in Me Bwm of TwL s of tea MAI Impmwmene Truer Fund m i l Mtimng We moment deem. tone, AmwdW, wher arm m on t wandbana the amoun d use. rrFAAOre. Me prim a I¢ resporelbe far MWwrq any nmlas5al sNRn'aal From tlro MAI N Tn¢ prior to mmmewng achaty on aweragmy ends I Mar abWOamed ends. 13 TM jardwe" must dean a Wader Use cemM Par M mmMttlbn mwwMnp, mien Me uodm Ma iflw Far a pemrel PoMf Panel b SUbwcran GOE- 9].302e), FAC., arm known as War 'No Nmti 'Role. 14. The pwmmee stall hop and cove the PbeM lambs¢ from any and et damages, Camp a IrabLbn Arm may area by M" N We mm on, alWMm opera n, marawano, rhndi abandmmwt Or use N any system summed by We permit. 15 My daeeathn of Me e¢aent N a weuana or orer surface weer submitted as and of Me all PackM Pa&e -1782- 10125/2011 Item 10.E. romewn,t 1 mans s GENENM CONDIIgNS p"ecMO mndem, M IMa pent m a Mete tlaRrmliman unner 5¢ECn an 442211(2), �F.S, cam'de9 mail w ass oMeose. 16 . Tm"Mrs a mal nogg Me Daemon wain most 30 EM Of MY sale, wmeraea, or tlMrnenafa of OwneMlp or cord Ma pmridati sneer or the rml pWxtY M whir Its permlm0 Olen" a hat M urnomm of a'MMMp or names of 8 permit an suGpd OF tlm reanymenb of NMm 40E 1.6105 and 4DE- 16107. FA. C- Tie cemNlx V omear l o Ira m"ft MON reran Mae, Far mnctiue am"', and mar be rcryirM as a P aPt M my MaSwa poor b Oe sale comeYMm w offer transfer of Me syyer. 17, ll��n remarkable o e �n t to an pernitlae. Ws4id aWMSa1 9afl am popes ideMlfiealMn dial raw p Sped, ranee and bat the eyNan to some mMmmhy an the plsu and amamica mer approved Ity the permit. 1a. H M14bdal or arment"iwl eNfeah me dieoA'emd at am We on Ne po SMe, Me parmNee eNA "Madardy nmMr Me Wommsele[Wrm venom mMm. 19 no Panama Madhir medbWr nolMy the Dearst'm wom ; of any payment amended intama5on Me War discovered b eo matm2a. Packet Page -783 - -- 10/25/2011 Item 10.E. SPECIAL CONDITIONS t The commrLOn passe of this permit shall aspire an Nounder 8 .2015. S. internal of Me wrmse water norma me nt system shall by Na testa he bill ly of the payment a. terminal FaclAae: Thmugh prembdy permitted kGlMes. 4. The permit shall ber responeibk for Me cannot Of any erasion, sealing or water mastry problems Nat pat Than tae censpuc0on or operation of Me surface water management reopen 5. Measures Shan be Wom tluny mnaWCtion to mums bat s ice WUw Major so iRity vidaans do real m ar'm Me remiNl "ter. 6. The Distant reserves the War an Of Mar wondered water county Imsonem nretnMS ter mmrpere Me the aremage system haunt measures are shown to he reaer a. reaches other Nan tame NleO mrem anal not be nomarmaO without an Narrowed madduOma Me permit. 9. A stable permanent and aecesvme signal reread cnal be cerebral on or wman bun hundred me (tootion ofMPe optim mama amt, mast bbee noted ann orwmanM ceaboadhon mad �ecewn repnM1 me la s The Ientra a shall marde mume membranes of an of Ny comporonts or Ile eudece wardes management antem In oNm W mmove Of o-al seaimentme e, al mall mail be prcgmhy hampion or as bell by law. Failure to anchor nommen The aysrem may result an names Modena combrons. 10 This cerml Is lured Mall on Me appMMnfs submitted informaton wit' A norma sly daunts tOS me adverse water assume related ImceW all not be inured or Me m Oe� permit ac4Wlr slwk any adverse mall tamed by Me completed surface water management aptem orzur, the datnct 1Nl wit require tMmmee n mlo mdobi Y Me returns water entan rG i�aceswdry b elirininale Ile e somas of the dveme hen cam. tr The cemlmee somomforges Mal, PIsOl to Poll pi 101Rl. FAC.. a entice of EmironmamW Pesolnr9 of Surface water Management Permit may ce rebuffed in Me worry p'Mic remrds. Pursuant W tire shut IanMral of the mle Mrs nonce shall not of ansdered an afxvmMafva open Me proper 12 If prenil a baps" emr45, such as pottery by Mammlw, mite scam or metal impartment, Output comae any other physeal remarm that could be mrmpfed wIM Native Apartment Mal or eddy m Amencan satleme a are encountered of any may Mall the That She area. Me gmined seem lshould mass all abortion Invpmg subsurface refusal In the Immediate smaw of Sum dlscovelas. The parmah"i or other devgnae, Shedd mnMal Me Flands Dammed M boom, annual N Homent'an Pesoures, Review and Compliance Setlbn at (650) 2456333 or (800) 841-7218, by well as the appropriate mmllnlg agency OKwe. Prgetl aNMiea li not reswm without verbal andlorenN, eencountered during permed act 0!es all work mallanop lmmedateny am the pmperauNOnCee named in artardence a4M SeNon 8805, Florida walutes. 13. The pernMre shall Wlizer Me cnteria comeind In the Construction PdluMn Prever i Plan (Exhi ed 2.3) am on Me appiraae borrowed parser en drawings fd Me mal of Me pra cars analruNon pclvtrea. - 780 10/25/2011 Item 10.E. .vot°aaopr: , Ramada SPECUL CONDIM S le. ne handled) exal (or the Pm,n are e IWWMUP by reference barren arb Ya bill In W bandit me. In mm. Ilrew arMa6 can are rmred on has oI.NrYa ePemWlln9 e'eoaN uMV wa appfwrbn n' am as Eveti, z l (pages i . 241. Tey✓n Pear lmp,nvananr+cmO Santana Evbtill J bedew 1.9)-SM,mxs,x Pollundo PrereM'wn Plan ,s. me ea,IEaa add apeael PaPb,neln nls petnll appy any to the application. Mary do not augairr eor debts my repwrercn6 H other epp4oYmo earned M PO Mt NO 11-0056041 eN N eradal permib ualded oMEVnm special been. Packet Page -705- 10/25/2011 Item 1O.E. em�•� wPmrar Leal Date For Agency Action: oecemM n,2aID Prgecl Nama: Tcylw Fund lmpmvemonn Flon Pine Rican RE TO J ME C Eva Fell NO.: 11 -00ARS Application No.: 10101231 App loo ion Type: Emlronmenlal Resource (General Permit MWifi®4on) Loulbn: Collier Colon, snrt49SfFESE Premiums Collier County Bond Of County Correlations Operating Entity: PennTeo Project MCe: diamond PrcfM "no Use Roadway Onlnens, III WEST COLLIER Sub Basin: GORDON Roi EXTENSION Recainng Bcpy: GoNOn River EMenno'i v0 Taylor Rind madeide CYm:C1ASS III conveyance concern SPacbl Drainage aamvi NA ^ Conservation Easement To District No Swnrclgn guaranteed Lands: No J57"9F Tom aPorri la a re sueat rp a Gererel Permit MWINcAlm aNMrmna Conauuafin and Optional W 9urrece water management start eeMng a dl3acm domwaler pmjeq killed ab Taylor ROW mpra lenenLe -horn Fee III Road to J add C BOUIav&d wri Ne one Rage Industrial Pall, wM d¢charye Into webs, Rose Gordon Wun Ectooll vp Or Taylor Rand roadside cmveyanceaye+em. PoPnn. 10101231 FAI,i5 Parke Page 786 -- 1025/2011 Item 10.E. phi maNi PROJECT EVALUATOR' no site is spat appm mat 0.9 mill west of Actual Pulling Road, along Taybr Fund OeMSen Plus RWge Road (CR 896) W Ore swlN and J aN C Boulevard! wMln Me etls4ng Pipe Ridge Indu WWI Perk in NgAes, Collier County. A shall map Is attached as Exist 1.0. There are pamrllled su tars water management fludi ies whin area a orcuNing My an t area. Currently. Me memo, water ral Item Nis mal (LeNreen Mite Mop Road and J and C BoWaverd) of Tal Read is managed dy a lesson of roadside owner and Nmerts you mitered am seNOns and moral Mat dlred Me few into the mis0n9 Pine Ridge industrial PaM smlem wafer marepme t system(S MS)petminedumer Permit N0. 11- DOZIll . man are novmmernd• On other urfaca waters or within or Mewed No the preened inalli tip.. .. ,. no eppl'rmrn proposes commatte, endorsements vnmm Me all meminred seGOn (approximately 0 83 mines here) W Taybr Road to improve Road andi wiWn We area The canonical Germ l of mount of Taylm Road M orate a document seNm mmerlsn9 of use (2)12 feet Mal morn la Maud n® with UoM shoulders It -foot W asphot 8 a 1- top e), TM wedenin9 adds 016 aces to Na euding 3 76 acres screamers mveage WOhn the erect omit area. Tm pmRned imprwvmns also ust W no-ism ins Me a erring roadside muse In pmMe a elll sense oll rephsing rumors dolvere an new RCP curverts and reed Mal Mai and prool said tsadwalls at IMW and orNMeup strvqure4. TM site pens and de3ilm are anatltad a4 Exhlel6 z o errs zl. The amlW mmadsd studio pnvidre 025 ac Of W volume m addel m the star ear prwheed a Sammmor Pclludon Preaemi Plan (Earti12.3) 3p n=K s aW Rusel'l are part of M• measured Mmiwaer Impnvor arcs Pri Te prefect In shared lnhihrt Ian weOa oweent ndent er an td on sneer wilecre spends Or meanest ofspeaalancam. No MawarnedMentmflo ngsicate that "me O Me si d¢ Poresproem wm manful no, Name.arMs act warned Me compherelal fth of applicable sa by he and any is mlmmal. Tre perms dodo dot relieve Me ndswerm M1om cmnpyins wen all amend M doles and any other agerclered on the s a6 R In Me future, endangera'IMreaManad sfedes m .aecies W gpaalal donee are eiamyerea pit me ¢ny. It Is cuggeued May the already mean Me senders of a Professional Engineer reamead a Me Bole of Flours for aroma olrzervason WCOnmhdat one surface water management(SwM) system. Tha wail faohede Me mmpletbn of central smpetion cen'rRmuon Far #OW ahirll I¢ entered pureal e Su r10 of Me Basis W Revise fw Envamnmmind Recall Perms Admire s wMM Me South Fetch Weler Alanagement o'eMtl. and Rule 40E 4.361(2), Florida Administered CWe IF C 1. Pursuant m Chapter sill F A.L.. Mae permit may not be w,"wited hem Me aneWCMn plea a this c0yea0n sham undl'sNSmeon o! Me $Wld syslem'r4 6uhmN¢d M aM aaeptM by MI5 pMC. Rule 40E0 321(1) FA.C. states that miihue 0 mmpMa mrelmNOn W Me SWM system aM Nation OpaaOon phase appreval nom My Moral wil the sera duration Mall reguaa a new deal auNOriaWn unless a formll eefurso sgamed. For SWM systems mmeeed with an anemone smile who is diReam tram this MM 0, a Should as nded aapas 10101131 FROM Zee Packet Page 787 -- - 10/25/2011 Item 10.E. m. rewnrn ^aa Mile sued dre punk a transferred b Me ocereare golly puwaR b Rule 40E-1 6107, F AC., Me conflu e is ruble for mmpl anm art Ne terms of my perms. Tore PonUee is advised they Me slRtlenry, of a swM system will normally became wrt time unless Me ava @m Is pmirdedly maMlened. A significant mesa in nov wpacAy wn usually as Redm nd to papal actua es of the mnvaymea wall. once now peppy is mmpomisaa. income of Me pOjmM may not Mam@narce more sWM syslam is Pool to pmlact too public fieam, Will am am naNM resources d Me slate Therefore, Me furmilbe must Reve Periodic impMims of Me S" system peTmmeo w coWUre Parent for nook ormaki and wales pualiy Puryoses it oetkbc'eW arc found, a ie the rmsecutoy WMe money to coned trunk, defioencresm a ill=s . equal tmmzm ow=n Packet Page -788- 10/25/2011 Item 10.E. w iasai RELATED CCNCEMNB Water Use Permx Stri The, appiranr bas lnawe.d that impri is not assrm bone passional pri T assistant has inalGeE tlal owaessirgis non idluised(wYr b Chains uob No. Jt Mown mi Evtidl 2D, Psea a)_ This henna than as itlmse Abe permNm from Meaning ae nevesamy Water use aNMmNYn(e) Prim M Me mnnengne,m a amVltles wnirn van rydre such armnoi®epn. including pow0u2mi Mareadi am Imgaeon, Clai Tte pgwwd project 6 not knew wAin or ado, rot b a Canpebei Evpl 1as Penticton Pnoj.drempmen. Picin aWM Supplier: Po M, water Is M rtyiri br one papwM proem, Vi WMS " Suppger: Wa&e w,lar Is non refused b Me popowd pmpY NpM-0tt.Wry Peamtt %Yea: A Pmid G9MU1 -Way Partin 6 not muvm br this pq tl. ow Saba, ma peau a not a x4talo.uAnlwologlw Reewnua: W Inbsese n has fen rawiwd Mar IMbea one yawn of ainasaw gid «bNm ®I resi or the Me ponM adHles uud ensue alum aspects b asters" w or 66VnW rasa. Txe pmnr Ewe nor reheaae she pammaa from wmPllanaa soon an/oumr ages ie8 ttfrJremeMS in the NaR Met Nabrral aMSw aNraeakgi ®I neWrcss ere bum on Me W. DCAJUNI Consistency Review; The seasys W this sense swankiness a arcing of wwamq with IM Florida C LY Manaaemad Program. rewpapinvii No WN party sae mmaneE the D6Ntl with concerns loan Me applim4on. Enfwcweant: TMre bas been no enhancement steady seasoned with Me applib , STAFF REVIEW: sets., nonmaas Plans 1 Packet Page -)g} 10/252011 Item 10.E. w� MPonmr WWSIOR APPROM RA9WAL RESOURCE M GEMEMT: OATEN la L ai 80RFAOEWA M AOEMERT: W01 dy, PE. Ip//IV% A M lulou 31 a 505 Packet Page 790 10/25/2011 Item 1O.E. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: / /bid.colliergov.net/bid/ co�ewewn s..� ro,v,pm. a�.e ari ao;; Packet Page -791 - r-. r-� r-� 10/252011 Item 10.E. Supporting documents found at: http: /lbid.colliergov.net/bidl Packet Page -792- ao,�wa s yr. aw�ab v,ao'5 10/25/2011 Item 10.E I rnP •+ ton _ _Packet Page 793 10/25/2011 Item ME. exnbuzo Male n 10101241 1&M Packet Page 794 - - 10/25/2011 Item ME.� xg3 ]] CC 396: I1 _al�� { y� p „ ` ker r ni=4rdaEe It 6 • -? 3d B9 cis 1 8MH a �44aee,. g�gea �3 d 58 °H&:5 v'd8B5 = 5 &C88 §£5 8 b 50 .�Y$ ¢.Y3xbYiFr�5 s 6'g5ea45$�� %e�iayFSe ¢� �A 5 � 1 s19 @ �mo1(.o •�x•mm � o•e1 E iM20 40i=on 10101231 2&30 Packet ?age -]95 -- 10/25/2011 Item 10.E. �..� fltg °; .4 9a flxi g v ip ie3 sae e:f 2i 3 1: �e4 jt S gggggg 3'3yf ffl9 gsi s f� ' 4; 14 Jig § §a �§ '� !. - � • i gv 333 f BE; g §f •xaay'r3 4v- p jp 4 °` i s r3 _ ggq4 ifl FExt�� 3Y, `� Y IV, is 3 9g 1 § I: 13 I! i3�s `Y € {3 Pp ; { II p {y 1354§ eep Ep.g. z§ yg@ �° 5Y €v Y'� : �7t fl P�fE'e! if4pj4'11 i§"av" 3k att ` %g § smd® 93p =� " .158 s; @f`f °` x zzf4" pf9 §yaz 343§ `4Ss 1$a q& 3f 3 3 ig(g ��9' efl :fli%5 op s @1 '3 v ed3jpC gi °48134 7` §a89 3 °.i 3�` f ?j 34 : f:f iyff f3 Sfli �'§ 3ga 1f e Hu .4s➢ e1 a 33 0 �§ as a its eis94 v: 41 §3 3& 3 r:' -s fs° E, §� n3 �i 3 3 4 f' ajgp ;fl34 4 f4 s¢ 458 a 3 i4{ if IN 5° YES{ g3fs'§ $ �° g33 d1 $: IN baps O'IV 'M ittx i Eia ffi =° sin sa�'S Ye g s da fsa �! ,9 gak:3 ��i$� i3 ;31 xt• n 3 ° a 4 `sp °_` :f of 'safes y9$�g 6` is 9a. $ =i9 !n - 11 xx p,l; s'e1 e54 it 21 Ni I'! !y seaa ppp �1 has' ° e;:ee3 @ 3a flr "g fig_ i3Fs B it sa P, f a �f[f ti e5ai 1Sa; °a°@ a 411 i§g ep3 Ie 5959 `E¢s a Fgf §,€ : 65 Y;•' [a=a g p 9g6P�R 1)j $° �1 i fl3x $s .xs x E a3a1 of $g Hit S e s4 pa, W ?% f v pp ? '4s s' 9�es 44 :f1 'IN I � Fs 93 $ s xf��'f4 it §eg 4jsv f€ ifleflg €f ii: ?�.i %4e � ;, g fi�§ 3f e' [ 4 gFf�4 g33 fl E `3 of °4 i §p it N = §$ $ t4 s °. q $s$ ?s. g4 ,64 rr B €§ rflai4g° 443$ �� p i3 fs;flY f;a3S 9g 1g4 9'sse 3s le' 3f:3 21 p am sga43 33rssi�, (� Y 4� ;affi ; 31 jdp §Y! AN fl8g�s h sF v ?3; Sea 4° sY ea4 §' "4f sp °si ifae� ;Sa 3fii �7€ t9 34 ff @ §; 3 °4 3 3 d: fY§f ac e� x 1 §i�4a s4e Y4F iga x §° at ,... —!4. 3�f 4 61 P, emenz.a pppiretion tototzat anae Packet Page 796 -. _ - 10/2512011 Item 1O.E. *>§� , { ,%y>n IRA \ 'U, , \� � / \� b I. g;. g | /\ § :)k \ \) \ ] / \ \)ƒ /ƒ $ \ §ƒ \air § \ \k( / §\ /~ fM72� . erfM 2,0 Packet Page -797 || | 10/25/2011 Item 1O.E. � \ \( # §. . ,p- \ \l a@, \� )| §r ƒ§ \f k� \ \ !/ Packet Page -798 FO ... :�� | �� - .� � It PM �� \Q n I� 10/25/2011 Item 10.E. eabt 2.0 p 1 mmtzal IN 38 Packet Page -800. - 10/25/2011 Item 1C.E. \ \! t { - / \)� \a .y d!, , pT . H| l $ !e` \ k \ < —�� / \ {« em �w \/\�\ IPPabI ,W.PI 10012-31 BOM Packet Page 801- 1—T �. IT iI B B r T w :� a al— 1 S B S °y= Ti b ire 6 Packet Page -802- 10/25/2011 Item 10.E. Eobt2.0 gp cgaan 101012x1 gem � �� � � � \� � 2 \ \� � y �� � z>�. » » ? © , :� � :« ©�2 � \ � \� � \/\ ., � r.. .� �. :� � \�: y� :2� � ... m� :,: . �m -- �� <� :� : \ `�� � : »2 % � \ d� � � � � :� . <� � �a.y -�� \ � a \�. _. y: , §� � . .�. »�\���� \�� «© \,y�1 � �� � �. \� � \� \`� �\ � - - . � ®— ,a a � % . . : � « � \ � 2 :� 10/25/2011 Item 10.E. oaror ns�t .I a a P � 3 is It I i 1 p I p 1 it 1 ?9 f, k p 4 I It II I {Y F p U 9 ! i IHO � v III v $ E MIO ApplM on mwual l7M 0 — Packet Page BID. 1025/2011 Item 10.E. E men 2.0 Appureaw 101012 -31 18038 Packet page -811 -- _- "- 10/25/2011 Item 10.E. I h ' e , le I t I�, i e.mcmz.o ' 190M Packet 9N)9 Packet Page -813- 10/25/2011 Item 10.E. �mx 2.0 � ,q on 10101231 20 of ae Packet Page 913 -_ - -- -_ - -- - - 1i 10/25/2011 Item 10.E. ��IZLYIS £tl'IIQLYA' I 1 a ail I — I§R "L f ie e B i ` i re 1- � 9 I t i' - MiLILYLS£b'YIJlYYt Packet Page -814.— — Emien 2'D Npp11=w101012a1 210N 10/2512011 Item 10.E.1 �Ixtz0 � .mum� c+mo +za+ k,a0e Packet Page 815 _ -- I T 34e :a 10/2512011 Item 10.E.1 �Ixtz0 � .mum� c+mo +za+ k,a0e Packet Page 815 _ -- I 10/25/2011 Item 10. E. EdvbR20 MMmeon 10101221 330138 Packet Page -816- 3a � !1 I � i 1= 9 r a � �e dlf ®1 1 :k I r'i lid R V i', f It � 3 I �vismn'oi""1P EdvbR20 MMmeon 10101221 330138 Packet Page -816- 10/2512011 Item 10.E. EPW20 APP4raNOn 10101231 zaaae Packet Page -817 -- - E� WrIfLYlS qq I *. S "�I 1dM14140Y I'1 4 I g !99 I 3 614 — '1 i g4 I 01 1 111 5 - 9 k j!I 1 i _ I�i dNOk4YLS £NIIL]LYIY —. EPW20 APP4raNOn 10101231 zaaae Packet Page -817 -- - 10/25/2011 Item 10.E. Fmlenzo 4piloeon tototiat now Packet Page .818 -- =i i w. ere vu �evfaum pp f 3 ppe I _ 56 i1 I� lk 1 g �t I, aiu 11i 9 f� b ' 3 ! I r I 4 +� s al I 4: aakcrvum'acuw Fmlenzo 4piloeon tototiat now Packet Page .818 -- 10/25/2011 Item 10.E. xe F axre vu amm�aem �e it 9 i 3 s It 11 mw[z'VJ2; e td 2.0 �ksEm 101012J1 ' 260M Packet Page -819- r-� r\ 10/25/2011 Item 10.E E bk2e "plimmn 101013a1 27 was Packet Page -820_ 4 P° r; I ti 6u:it rl mi 5 rr r k ®. - - o¢.,r¢vumvmaam E bk2e "plimmn 101013a1 27 was Packet Page -820_ 10/25/2011 Item 1O.E. 2 « a \ , . ( x. avp \ « : ) \ / / » \ e \ 1 Ga : / y ., t \ \, �! � \� % � 2 _, | Packet Page 921- I/ 10/25/2011 Item 10.E. 0s+ _ riot ild }° 1 i P E 4u Al h �II'I ya p }, ps, gillii '! si Ig ! L 1 i:_ — — — �p � 7 a -- -1.1• pia 1LL.. zz _ _ ai ill d� p ..y tj .k p 49ix �. .III k a 3 p I� I I I 9P i r l -p @9' I IIy es pi p�aa` 9 1� Z 4 r U SaE_ III' i III gi q a4r@ h r 1 t9 @ee ENiiW 10 gpPl'n 101013 -31 29 WM Packet Page 822- — -- 10/25/2011 Item 10 E. fit n rn i. 4e i ii :1 y ago _ „€ ° a af�ss e; le A =y ei a . a Opt 04 a. m @ e r ' Oita - 1 Mi. lap Id 1a ` a T sj 111 III p :ea :• 12.0 eppcataw 90101231 ' xaae Packet Page -823 -- 1 n 10/25/2011 Item 1O.E. w.�rr rotsmmviaivw '° i• z,n zwa a r yl I s 71 aNj €s illl y4 a� .Bari It ° at f Iw 4 ! ti _F_ k 0 0' @ � E6 &tl]E][YN ro,6Rlz9 EdiiGt2.0 A im&n 10104 -31 31030 Packet Page - 820 - — !$ On- !Q !% Packet Page 925- 10/2512011 Item 1O.E. 0 � � � � � �Rad 10 !q ,\ !$ !± | — Packet Page -826. 10/25/2011 Item I O.E. � ) � OUR � � � EOM �O ��w 10101241 ndn - tit"! Q \! $ § >! / OR - - !q lq,k © 10/25/2011 Item 10.E lU,m T �n _\ � y!+ � q\ � � k � ; lq,k P,pMeatcon 101 D12-31 Packet Page -827- © lU,m P,pMeatcon 101 D12-31 Packet Page -827- © T �n _\ � y!+ � q\ � � P,pMeatcon 101 D12-31 Packet Page -827- !% @ ] :\ § !k Packet Page 828 10/25/2011 Item 1O.E. ©y | ƒ ƒ !a !a-H % !@ !« Packet Page 828 10/25/2011 Item 1O.E. ©y | I N', | !% !\ | Fn ,\ | ,k 10/25/2011 Item 10.E. EMW10 pgimaon 101012a1 mow Packet Page -929- gal i•4 9 @;e: mwavismm�m i LLL 11, 111 �I cl 8'vi� I -- 3e F3adi i 9 J.AII aI fgae va �. tta'.A fI f s 4 -� i 10 O t �i hill YlSdIdIIL q�X0 2$ @e__ ItlIRZ M EMW10 pgimaon 101012a1 mow Packet Page -929- INNIIIIIII 10/25/2011 Item 1O.E. j12 \ \r2 !. / /�/% !ƒ of 411 m \( ` ;/ ' y . !\ �� � - ____ \ !% 10/25/2011 Item 10.E. i �} a 9 12 -- -. —n i. m �1 14x. e i il J , 1 3.: Yar } @} IV It .._ I it I. 1 Q p '@ s P P oa+rre vuawvturry Q ¢Nu Exho o APWI 10101231 I Mdu Packet Page -831 -- 10/25/2011 Item 10.E. AGNOI.1, D EN & BTWNDAGE INC. 7400 Tmiami Trail kl M NapIn, FL 34108 239 -597- 3111(0) 239 - 566 -2203 (F) 4 <l NEW IMPERVIOUS SURFACE CALCULATIONS 1 Refer to a0ac0ed plan skmeu enu4ed &s to g I petpmw Swale volume Exbibin &Impervious Aim E ibib fm wlumn and acreages'. 2 Orig'uul impervious areawithw Pmjecebouvdsry= 163,669 sgft ToW impervion mm =t improvei camhm= 1]0,65] agft ToW new impervious area= 6,988 sq ft 0.16 ac 3 Oelermine ackiboml smmge volum regwred 25N X Le X 0.16 ac = 0.60 acm O0W Wit 4 Demmine addmoml Swale volume Or l Swale volume within project Mimde - 34,939 cuft TOW de velum[u er improved cmdilion- 45,724 cuft Twal tew impernl arm= 10,785 cuft 025 raft TOlal oew swalc volume is mucb � lhm ccgnj d volume thnefor Ne wvv gmliryctilenaismet Exhibit 2.1 Application 101012 -31 1 of a Packet Page -832- 10/25/2011 Item IO.E. tat ) 4cec © aQ (\ as aP ` ) Ef $ a G \� \ {5 \ WU �(~ AppWca� 101012-1 , Packet Page 833 -- 2 10/2512011 Item 10.E. 3detototzat 3W8 Packet Page -63J- it 0 jll'1_ : I F iI i ar Ct a k MILLI ®01i 3detototzat 3W8 Packet Page -63J- 10125/2011 Item 10. E. avr cer v,a asv vav ecj g�g� -�-Lj j'ill 1 s §v 1$ !d =!'i R90A35A _ _ ( I11999� -111II aux x nnv vim vvc i I _ � �iII — a =, jv -j naPWI mmuai a! Packet Page 835- 10/25/2011 Item 10.E. Mqicouon+010t2at 5 ore Packet Page -836 - -- L J'J -- a .I Il�ydm P pp p 4 Ids, i 66 ®1 ii- _ t Nil Ig•in Mqicouon+010t2at 5 ore Packet Page -836 - -- =:Lr — —d — —d — _ d _SJ — d .i d p _d 141 i� 10/25/2011 Item 1 D.E. '=OGG�EE90EE�1GEE�oECEO�@ :EGO D o08p0�o�G0 O�oE � 4Mg,aem 101012-31 6UB Packet Page -83I- 10/25/2011 Item IO.E. AOWicawn 10101231 7d8 Packet Page -838 -- r- z ,r i 7 r iii! � 1,- g - g i v� r a f. 5, AOWicawn 10101231 7d8 Packet Page -838 -- 10/25/2011 Item 10.E. 10125/2011 Item 10.E. APPLICATION 101012 -31 PERMIT 11- 00360 -5 EXHIBIT 2.2 Pages 1 -24 of 24 Taylor Road Improvements — Cross Sections EXHIBIT 2.3 Pages 1 -9 of 9 Stormwater Pollution Prevention Plan INCORPORATED BY REFERENCE 10/25/2011 Item 10.E. STAFF REPORT DISTRIBUTION LIST TAYLOR ROAD IMPROVEMENTS ROM PINE RICGE RD TO LAND C BLVD Appllvlken NO: 101012 -31 Pump No: 11L03 INTERNAL DISTRIBUTION EMERNAL DISTRIBUTION x Xeyn almm� -42]o • .flee Deal -42M x PecmmYbe. wier Cowry BCaN Of Camry • William l Faft P 4270 Cc,,MMorcrt • Laum Wang -Q70 X Scar Coi WWnt AN"i RmGx NW Prunoage lnc • O. Ten • END Ergneemg • ERIC Ewwrnemel - X Fort Mpem BeCmp Fie X Pmmrt Fie OTHER INTERESTED PARTIES A Aueueon of EIMm - Clalee L» I Packet Page 841 10/25/2011 Item 10.E. STAFF REPORT DISTRIBUTION LIST ADDRESSES Cd1w Cw OMM of Canty COMMMU iem AaMM Saga AW BnMay I= 2835 Sg Hw os Dm 7400 TamUmI Trail Site q eApw R i41O0 Naples FL 34105 / U[ dFluiea - cwr Lee 1101 AW Won Way MaManE FL32751 AWMM,w. 10101201 Ppy2a7 Packet Page -842 -- 10/25/2011 Item 10.E. RECF. , D ENVIRONMENTAL MWRCE PEMH CNAPTEA60E4(10 195) 40E4321 OusaVonapennll: r,E. & G.M. iiepc. 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C'6& county Email Telephone (239) AdM aE.e3srkrsDNisim FAX:(239) Pu ni ADDENDUM i Memorandum Date: August 29, 2011 From: Rhonda Cummings, FCCN, CPPB, Procurement Steelegist To Interested Sol Subject: Addendum At ITS 11 -5767 Taylor Road Roadway Improvements The following clarifications are issued as an addendum Identifying the following change (e) for the referenced solicitation: 1) Walermain Conflict at STA 2116 +50 The RCP sae was changed from 24" to 19- x 30" FRCP, the invert was raised to 7.00 and S 036 was changed to a Modified "D' Inlet with a 3:1 grate slope. This will slow the confused ERCP to go over top of the existing W watermain deflection with proper clearance. Sheets Revised: 5, 11.16 & 18 2) VJatermaln Conflict at STA 215 +00 The existing 8' watermain deflection is called to be removed and replaced with brew in -line W watermain to go over top of the proposed 30 -RCP crossing while maintaining proper clearance. Sheets Revised: 5, 20, 43 & 62 3) Added Will Pay Item Note Sheet Revised: 5 Resem a1iio Packe Page 845- 10/25/2011 Item 10.E. 4) Added Pay Item WM.6- B "WM Deflection B ARV, Replace B" PVC DR -14 WM Sheet Revised S 5) Added Revision Al to Cover Sheet Sheet Revised.. t 6) Revised Bid Form to Reflect Revision At Quantity Changes If you require addiLOnal Information please post a question on the Online Bidding site or contact me using the above contact information. C . Julio Ordoner. Senior Project Manager Please sign below and return a copy of this Addendum wlth your submittal for the above referenced solicitation 8/29/11 (Sg rye .Puts Gaudio. Vice Praefdeo[ Dale 0. 11 E t 1 118A Inc. (Name of Flrm) Packet Page -846- 10/25/2011 Item 10.E.I Add: Complete Permit #11-00360.5. Add- Revised Bid Schedule in Excel format (complete this one if you have Excel program). Clardicafion: Kid Schedule appears twice in Addendum #1 online, complete only one Bid Schedule. Plans are misidenfifed. The coned identification of the plans is Taylor Road Add #1 &-25- 11. t If you require additional information please post a question on the Online Bidding site or examined me using the above contact information. c: Julio Ordered, Senior Project Manager slower sign, below eM reWrn a copy of this Addendum with your submittal For She above reNrenca l ioliclmbon us Gaudior Vice President Date Quality anteapriaes USA. Ioc. (Name of Flma neEFai V1v o ^ Packet Page -8ay- Emailn cummin liergov.net C.O CANHI.y Teore(239)252 -891LI PtMrvI�L A.e Sewziluasn FAX. (239)252fi>Gg PuCaary ADDENDUM Memorandum Date: August 29, 2911 Fmm: Rhonda Cummings, FCCN, Code. Procurement Stmlegist To: Interested Bidders Sub)ecto Addendum #2 TF011 -5767 Taylor Road Roadway lmpmvei The following claddrations are issued as an addendum identifying the following change (s) for the referenced Solicitation: Add: Complete Permit #11-00360.5. Add- Revised Bid Schedule in Excel format (complete this one if you have Excel program). Clardicafion: Kid Schedule appears twice in Addendum #1 online, complete only one Bid Schedule. Plans are misidenfifed. The coned identification of the plans is Taylor Road Add #1 &-25- 11. t If you require additional information please post a question on the Online Bidding site or examined me using the above contact information. c: Julio Ordered, Senior Project Manager slower sign, below eM reWrn a copy of this Addendum with your submittal For She above reNrenca l ioliclmbon us Gaudior Vice President Date Quality anteapriaes USA. Ioc. (Name of Flma neEFai V1v o ^ Packet Page -8ay- 10/25/2011 Item 10.E. State of Florida Department of State I certify from the records of this office that QUALITY ENTERPRISES USA, INC. is a corporation organized under the laws of Virginia, authorized to transact business in the Stale of Florida, qualified on May 25, 1995, The document number of this corporation is F95000002550. I further certify that said corporation has paid all feu due this office through December 31, 2011, that its most recent annual report was filed on January 27, 2011, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my nand and Me Great Seat of Florida, at Tallahassee, the Capital, this the Twenty Eighth day ofAinaary, 2011 Secretary of State �f uo'111D 30019259361m211149500 02550 •ap��.ty� • To lanweeUvr6 no Creur(El"A a' folbHnl me men te" Io, nw u.�folmvm.. ��e.wmo�. a�.91.ym. hnpsJlcfle.sunb¢.olW"nauMvecb wi Packet Page 848-