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Backup Documents 02/26/2013 Item #16A 61. Risk Management I Risk 2. County Attorney Office County Attorney Office -3JJ5 13 3. BCC Office Board of County u Commissioners 3 4. Minutes and Records Clerk of Court's Office 5. Return to Purchasing Department I Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Scott Johnson, March 1, Phone Number 252 -8375 Purchasing Staff 2013 Initial Applicable) Contact and Date f�— , _�� \ cop Agenda Date Item was February 26, 2013 V Agenda Item Number 16.A.6 'i: Approved by the BCC provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. Type of Document Contract Number of Original 2 Attached signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached PO number or account N/A Solicitation / Contract 13 -6009 Cavache number if document is All handwritten strike- through and revisions have been initialed by the County Attorney's NumberNendor Name P(,tase- to be recorded Office and all other parties except the BCC Chairman and the Clerk to the Board r INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? cop 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed qIr by the Office of the County Attorney. 4. All handwritten strike- through and revisions have been initialed by the County Attorney's V Office and all other parties except the BCC Chairman and the Clerk to the Board r 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sianature and initials are required. 7. In most cases (some contracts are an exception), an electronic copy of the document and this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 16A6 MEMORANDUM Date: March 6, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #13 -6009 "South Marco Beach Sand Re- nourishment" Contractor: Cavache Attached, is an original of the contract referenced above (Item #16A6), approved by the Board of County Commissioners on Tuesday, February 26, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252 -8411. Thank you. Attachment RISK Wi i iNi A NE.N Adminishathe " Sermces Disk Purctasiru South Marco Beach Sand Re- nourishment COLLIER COUNTY BID NO. 13 -6009 COLLIER COUNTY, FLORIDA Scott Johnson, Procurement Strategist Email: ScottJohnson @colliergov.net Telephone: (239) 252 - 8995 FAX: (239) 252 - 6588 Design Professional: Coastal Engineering Consultants, Inc. Purchasing Depatrnent • 3327 Tamiami Trail East • Naples; Florida 341124901 • www.colliergomettpurchasing 1 Construction Services Agreement for Grant Funded Projects: 1/1/2012 16A6 :f RISK Wi i iNi A NE.N Adminishathe " Sermces Disk Purctasiru South Marco Beach Sand Re- nourishment COLLIER COUNTY BID NO. 13 -6009 COLLIER COUNTY, FLORIDA Scott Johnson, Procurement Strategist Email: ScottJohnson @colliergov.net Telephone: (239) 252 - 8995 FAX: (239) 252 - 6588 Design Professional: Coastal Engineering Consultants, Inc. Purchasing Depatrnent • 3327 Tamiami Trail East • Naples; Florida 341124901 • www.colliergomettpurchasing 1 Construction Services Agreement for Grant Funded Projects: 1/1/2012 TABLE OF CONTENTS PUBLICNOTICE ............................................................................................................. ..............................3 PART B — INSTRUCTIONS TO BIDDERS ...................................................................... ..............................5 CONSTRUCTIONBID ................................................................................................... .............................13 BIDSCHEDULE ............................................................................................................. .............................14 MATERIAL MANUFACTURERS ................................................................................... .............................15 LIST OF MAJOR SUBCONTRACTORS ....................................................................... .............................16 STATEMENT OF EXPERIENCE OF BIDDER .............................................................. .............................18 TRENCHSAFETY ACT .......................................................................... ............................... ................19 IMMIGRATION LAW AFFIDAVIT CERTIFICATION ..................................................... .............................20 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ......................................... .............................21 BIDBOND ...................................................................................................................... .............................25 BIDDERSCHECK LIST ................................................................................................. .............................27 CONSTRUCTIONAGREEMENT .................................................................................. .............................28 EXHIBIT A 1: PUBLIC PAYMENT BOND ..................................................................... .............................35 EXHIBIT A 2: PUBLIC PERFORMANCE BOND .......................................................... .............................38 EXHIBIT B: INSURANCE REQUIREMENTS ................................................................ .............................41 INSURANCE AND BONDING REQUIREMENTS ......................................................... .............................43 EXHIBIT C: RELEASE AND AFFIDAVIT FORM .......................................................... .............................45 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ......................... .............................46 EXHIBIT E: CHANGE ORDER ...................................................................................... .............................49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................................. .............................51 EXHIBIT G: FINAL PAYMENT CHECKLIST ................................................................ .............................53 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................................... .............................55 EXHIBIT is SUPPLEMENTAL TERMS AND CONDITIONS ......................................... .............................88 EXHIBIT J: TECHNICAL SPECIFICATIONS ................................................................ .............................89 EXHIBITK: PERMITS .................................................................................................... .............................90 EXHIBIT L: STANDARD DETAILS ............................................................................... .............................91 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................................... .............................92 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT .. .............................93 2 Construction Services Agreement for Grant Funded Projects: 1/1/2012 16A6 PUBLIC NOTICE INVITATION TO BID South Marco Beach Sand Re- nourishment COUNTY BID NO. 13 -6009 Separate sealed bids for the construction of South Marco Beach Sand Re- nourishment, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 13th day of December, 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. LOCAL TIME on the 29th day of November, 2012, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, South Marco Beach Sand Re- nourishment Bid No. 13- 6009 and Bid Date of December 7, 2012 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the 3 Construction Services Agreement for Grant Funded Projects: 1/112012 16g6 State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances, and comply with all grant requirements included in this document, or by reference. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within ninety days (90) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 15th day of November, 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 4 Construction Services Agreement for Grant Funded Projects: 1/1/2012 16A6 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally, assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.6 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 14 — 26 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be 5 Construction Services Agreement for Grant Funded Projects: 1/1/2012 16A6 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 of the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bide Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 Construction Services Agreement for Grant Funded Projects: 111/2012 16g6 4.2 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. 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 , If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (1:0) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or. fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. Construction Services Agreement for Grant Funded Projects: 1/112012 16A6 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the s Construction Services Agreement for Grant Funded Projects: 1/1/2012 16A6 actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http: / /www.colliergov.net/index.aspx ?paqe =762. 9 Construction Services Agreement for Grant Funded Projects: 1/1/2012 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith 10 Construction Services Agreement for Grant Funded Projects: 1 /1/2012 16A6 performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a protect for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from 11 Construction Services Agreement for Grant Funded Projects: 1/112012 Hre solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(x) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to r provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 12 Construction Services Agreement for Grant Funded Projects: 1/112012 16A6 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA South Marco Beach Sand Re- nourishment 1 BID NO. 13 -6009 Full Name of Bidder. C w A C H E I N C. . Main Business Address 2'90 +hA\j F . poles p 0 -13 EA i FL 33C4:29 Place of Business -Sa.mle — Telephone No.95q 5 (OF� 00 D-4 Fax No. cf 5q q`T3 &550 State Contractor's License # C&C 1 x52,O l 1 5 State of Florida Certificate of Authority Document Number r ®2 0 ®O 12-03q Federal Tax Identification Number 14 -1 b5 ---4 &i'2 2 Firm's Dun and Bradstreet 0 D CO Number (DUNS) To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as. principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal_ points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 13 Construction Services Agreement for Grant Funded Projects: 1/1/2012 16A6 BID SCHEDULE South Marco Beach Sand Re- nourishment Bid No. 13 -6009 Please input your prices via www.colliergov.nettbid 14 Construction Services Agreement for Grant Funded Projects: 1/1/2012 16A6 I" MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON - RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and /or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance. of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. 15 Construction Services Agreement for Grant Funded Projects: 1/1/2012 16A6 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to.be non - compliant with this requirement. either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the. Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Ir_ M91-i-M Ml_ NO- _ .f 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 6. Identify other subcontractors 0 that represent more than 10% of price or that affect the critical path of the 16 Construction Services Agreement for Grant Funded Projects: 1/112012 e � � schedule j 7. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 8. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 9. Identify other subcontractors that represent \ / more than 10% of price or that �\\ affect the critical path of the schedule 10. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 17 Construction Services Agreement for Grant Funded Projects: 1/112012 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location KKK C -3--1 Fn IQr exnen -4�- 1. MISC i CO -rVrtS USACEa LO KE W -CS, FL_ k<,- f w Tra-� (J- Cr it ca- I if!S5r tratt on (ibr�dq i na?ha5t3, 2. SF1NMD) !mM Oka Ite -/ FL K99. Contras -+ /38/ t?eac�L q 3. tBac" 11 USAC E NIoil10rbS-J'OKeech D bee Coorrne_� At-roj e+ Canon C-///) 4. SFW M D P o M -elf G- y2,0 +G-qJ�2 MaIr?+- enGnce 5. 1)redg 1 rn 31 SSW 1� D, 6. C i o-� Maroc n n, y/ Z-4h n, -4h r7 Reference Re-ter M0retUZZQ(313i39(o -13(a9 Ham?,C?Pier - +.pSSOCi afieS M H rn� n a W RS CompcLSS NanK Yuan ECT Marc befebvrz :77r -04qy SFWMD Don Nvelle(5�iiCo�sco -8�so0 e m-en C' can rr o r I rLe- 18 Construction Services Agreement for Grant Funded Projects: 1/1/2012 16g6 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) LF SY N/A1. 2. 3. 4. 5. TOTAL $ O Failure to complete the above may result in the Bid being declared non - responsive. 19 Construction Services Agreement for Grant Funded Projects: 1/112012 ilia 16 A 6 Purchasing Immigration Law Affidavit Certification Solicitation: 13 -6009 South Marco Beach Sand Re- nourishment This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment,-at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the property completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor ! Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Signature State of I r C County of W arc . Title ?rf,7 5 ! DEN T Date 12113 .1I2 TheA�oregoing instrument was signed and acknowledged before me this J day of 1tCfM U eir 20 [L, by Ada , { ` ► 1d u C/ � � who has produced FL_ V L_ : A320 DOS � 13X03 0 p as identification. (Print or Type Name) (Type of Identification and Number) n ry ubIi ignature ►g n 6 r-e a S ors, Printed Name of Notary Public EeIytnL4 80 &ov-emb-er 95 ao /,5 Notary Commission Number /Expiration L ANDREA YOUNG SON MY COMMISSION ;E EE146480 �� Nwan* r 15, 2015 The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 20 Construction Services Agreement: Revised 1/112012 • � t -ve i r fv-z Company ID Number: 444336 To be accepted as a participant in E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify at 888 -464 -4218. Page 12 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify fv. / t �, - - � , , , "-!, 41 1 rmo � Company ID Number: 444336 E mazlAddress agar tNumher (954 }�66 7�t01 Page 13 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify CZ corn y Ad 16 A 1'utrha�rtg 6 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 Request for Taxpayer identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. I. General Information (provide all information) Taxpayer Name ( (a V (j (, rjf 1 n C (as shown on income tax return) Business Name (if dif rA RDS to p Ver'�rr1e) n v r Address few -f�YT ! 1 G state _FLW 1 DA City CH '' ++ Jr' 0 _ pzip '.� D (0 9 Telephones 'o 'FAX -7'��3' 055 Email LO:L �)@CJ\J.C(Chf. Co , Order Information Address �� IZ4h A V E P W4 PArJ 0 City _ rC State FL zip ,1DU' FAX Email 2. Company Status (check only one) _Individual / Sole Proprietor _,Tax Exempt (Federal income tax - exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Remit I Payment Information City ddreess D W 12+h A\IE A - V State FL zip 3 FAX 954/��ww0 - q43 -8 fl Email _ 1640 P (MItZ 7e. C000 _ Limned Liability Company _ l „� Enter the tax classification (D = Disregarded Entity C = Corporation, P = 3. Taxpayer identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) dors who do not have a TIN, will be required to 4. Sign and Date Form Certification: Under penalfies Signatures Title ` � S lei t a social security number prior to an award of the contract. the information shown on this form is correct to my knowledge. Date 12-113) 1 Phone Number 'i5 21100" 21 Construction Services Agreement: Revised 1/1/2012 16A6 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,' as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. in the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, within 5 calendar days from the comm unless the Project Manager, in writing, commencement date. The undersigne d by this Bid within sixty (60) con commencement date and including th e point of final acceptance by the O Substantial Completion, computed by e such period. Respectfully Submitted: State of R O r I ci O-- County of zrn W ark. the undersigned proposes to commence work at the site encement date stipulated in the written Notice to Proceed subsequently notifies the Contractor of a modified (later) further agrees to substantially complete all work covered secutive calendar days, computed by excluding the last day of such period, and to be fully completed to the Ow within thirty (30) consecutive calendar days after xcluding commencement date and including the last day of Ooyache )nG being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Ca yo chi ; n c , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 22 Construction Services Agreement: Revised 08/15/2012 (a) Corporation The Bidder is a corporation I A which follows: The _ contracts 16A6 organized and existing under the laws of the State of operates under the legal name of and the full names of its officers are as President ADAM I W Et— A}DAcH E Secretary ATDAIv\ -9 A N 1 E L ADAC H F— Treasurer 7NNTH DN \� - To3EPH cAvr) Manager A N Ted oW �D3EPH LR V O for the company last sentence if not applicable). (b) Co- Partnership is authorized to sign construction bids and by a s Board of Directors taken a certified copy of which is er (strike out this The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is , and if 23 Construction Services Agreement: Revised 08/1512012 16 A 6 Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED 12.113' 12 Witness V A LE N-T 9 N A CORPORA -T] ON Legal entity BY: C AV AC E I C . Name of B' er (Ty Sig ature AD �H E PPES) PENT Title NW 12+k AVE-NvE 0 MpAN0 E) EMH 1 F- 330 o� FMR I'D P� C6(e--PD(?. &--T I'D f\j STATE OF Ro rldCam. COUNTY OF 3r6 ward The fMAi ng instrument was acknowledged before me this 13 by -1 AD AC HE as CAVAC -H E l NC. , a ape l DA corporation. He /she is personally known to FLQRiDA DRIVEW \3 LICENSE (did not) take an oath. My Commission Expires: No ernb r j 5® 15 S" ANDREA YOUNG SON MY coMMISSM 0 EE148M EXPIRES November 15, 2015 �oa3 (AFFIX OFFICIAL SEAL) NAME day of em o /z PRE51 DEN 7 of corporation, on behalf of the me or has produced as identification and did I-A AA (Si at re of Notary) AN DJ�EA S OBI (Legibly Printed) Notary Public, State of Fw?i 0A Commission No.: I -- (o Ll 9-0 24 Construction Services Agreement: Revised 08/15/2012 Me BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Cavache, Inc. (herein after called the Principal) and Travelers Casualty and Surety Company of ;America (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal-offices ih the city of Hartford and authorized to do business in the State of Florida are held and firmly- bound unto the Collier County (hereinafter called the . Owner), in the full and just sum- of Five Percent of Amount Bid -- – - -- dollars ($ . --- ----5% — good and lawful money of the United States of Arrerica, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrat6rs, and assigns, jointly and severally and firmly by these presents, Whereas, the Principal is about to submit, or has submitted to. the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as South Marco Beach Sand Re- nourishment Bid No. 13 -6009 NOW, THEREFORE, if the Owner shall accpept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accoridance with the terms of such Bid, and give such bond or bonds in an amount of 100% th6 total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof off, in the event of the failure of the PRINCIPAL to enter into such Agreement or to glue such bond or bonds, and deliver to Owner the required certificates of insurance, if the ORINCIPAL shall pay to the OBLIGEE the fixed sum of $ * ** noted above ;as liquidated damages, and not as a penalty, as provided in the Bidding Documents, th'n this obligation shall be null and- void, otherwise to remain in full force and effect IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 13th day of December _ . 2012 ** *Five Percent of Amount Sid 25 Construction Services Agreement: Revised 08/1512012 4Y1 f � Principal (Sea() Try. elers Casualty and Surety ompany of Amedca Surety �... ? (Seal): D. Michael Ste e Otto ey -in Countersigned Local Resident Producing Agent for Coliinswor>rh, Alter, Lambert, LLC 23 Eganfuskee Street, #102, Jupiter, FL 33477 26 ConstrucUon Services Agreement: Revised 08/1612012 WARNING; THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED W TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers. Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 218958 Certificate No. 005206403 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint D. Michael Stevens, and Don A. Lambert Jr. of the City of Jupiter , State of Florida their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of „guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permifie, &in ar y- actions or proceedings allowed by law. IN WITNESS WHEREOF, the Comp es have caused this instrument-to: be signed-and their corporate seals to be hereto affixed, this 25th day of September 1012 ^} Farmington Casualty Company r St. Paul Mercury Insurance Company 4 r. Fidelity and Guaranty Insurance Company z. Travelers Casualty and Surety Company Fidelity and Guaranty Jnsurant e'LJnderwrifers, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company pASti,��j �H�6 TM DNS 1NS4 tY Ay O y t n�j� T Q•i B .I J ............ :9 qJ L m 11n NOfTyf� t9Hi O � W:GO `_SEBL;'oi �� ta' 3k.�ANCe °�d<S. AN'�i� - �61. — `has '�6 isro �•�i`” �'"�7 �< State of Connecticut City of Hartford ss. By: Robert L. Raney, keQor Vice President On this the 25th September 2012 day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. OtAIn Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public 58440 -8 -12 Printed in U.S.A. !T RED PRE -BID INFORMATION (Attach to Bid Form and include attachments as necessary) A. Describe Bidder's proposed method of completing the Work being bid and a time schedule for implementation. The time to mobilize and complete the work will be considered along with bid price in award; therefore, be specific. B. What size dredge do you propose for the work? What is the estimated daily production rate for the dredge proposed for the work? What is the estimated duration of the Work in days and months? Refer to Technical Specifications for dredge size requirements. pogTIL C. What size and type of equipment will you used on this Project, to include scows, boosters, cranes, barges, etc. ?? What equipment will you purchase or rent for the proposed Work? 3Ce A+}a Ch rne�t� '. I�Y- � - t^3 � 1 l R40craa�wn BS -2 I6A6 D. List key personnel Bidder proposes to use on this Project including their qualifications and prior experience. Refer to Technical Specifications for superintendent requirements. Sew A ach m e - . e -fir C. � n+-)c Pa c- { E. List other present commitments including dollar value thereof, name of owner and estimated date of completion. , 7Tv� -�k C-A � r+ 0 F. Will you sublet any part of this Work? If so, give details. See A - aCh U , P r--f -'B I a l Of,- G. What is the last dredging project of this nature that you have completed? BS-3 H. Have you ever failed to complete work awarded to you: If so, where and why? M JIM 1[. r I. Name three individuals or corporations for which you have performed similar work and their contact information as references. T Y-�e rt 4D, J. Is the dredge to be used for the proposed work certified for open ocean dredging by the American Bureau of Shipping (ABS)? Please provide proof of ABS certification with the bid or the reason why certification is not needed. .,-n j -'B t CA I R-foc ffoj-Z-O K. List experience with Gulf /open ocean ebb channel (shoal) dredging and beach fill placement. Refer to Technical Specifications for dredge size requirements. Proi#1 4a iii' \ im P,v\� . Pr o ! -R, � ri� c a rk- BS-4 Prodd #3 t -++ a c ten+ T�� — - j Proj #4 The undersigned guarantees the truth and accurac, Signature of Bidder 16A6 04 By--ADAM. AD A C H E Name Business Address c�2 124h A v E N U L POMPA ND B-FRc�l a R--, 330 &q Incorporated under the laws of the State of FL Dr I D A BS -5 � I t FEMA Supplemental Conditions 97.036 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. 10/1/2012 Revision 2 1 FEMA Supplemental Conditions 97.036 (1) Administrative, contractual, or legal remedies Unless otherwise provided in this contract, all claims, counter - claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. (2) Termination for cause and for convenience A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its oblig'btions under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in I(a) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm 0 16A6 prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the 10/1/2012 Revision 2 2 FEMA Supplemental Conditions 97.036 notice in conspicuous places available to employees (5) Reporting: The contractor will provide any and applicants for employment. information required to comply with the grantor agency requirements and re uiatio rt ' t "(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to. ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." (4) Copeland "Anti- Kickback" Act (U.S.C. Section 51): The Contractor agrees to comply with the Anti - Kickback Act of 1968 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. F'A g ns pe aining o reporting. (6) Patents and Data: No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. (7) Access To Records The local government, the Florida Department of Emergency Management, the Federal grantor agency, the Comptroller General of the United States, and any of their duly authorized representatives, shall have .access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. (8) Retention of Records The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. (9) Clean Air Act , Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations: Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor or recipient to comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (10) Energy Efficiency Standards: The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). 10/1/2012- (2) FEMA Supplemental Conditions 97.036 01) Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Contractor's debarment and suspension status will be validated at the Federal Excluded Parties List System at: hftps: / /www.epls.gov/ and the State of Florida at http:// dms. myflorida .com /business_operations /state_p urchasing/ vendor information. 10/1/2012- (2) 4 FEMA Supplemental Conditions 97.036 CERTIFICATIONS AND FORMS THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Grant Clauses 3. Conflict of Interest Affidavit 4. Disclosure of Lobbying Activities */X 10�1/2olz- c2) FEMA Supplemental Conditions 97.036 Ceitifiication Regardmg.Debarrnent, Suspension, and Other Responsibtety Matters - Primary Covered- :Trarisactiens (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Via Name Project Name PO E I D ENT 13-- boo 9 Title Project Number 010CHE !fie . 14- JSS'�-N2 Firm Tax ID Number ZQ � X24 V�E A 9 18 q o 6 cP Street Address DUNS Number p�1 PA c� BEAr if I.FL 33() C� City, State, Zip 19 101112012- (2) 6 FEMA Supplemental Conditions 97.036 General Grant Clauses lbgb On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor /Contractor Name Authorized Signature Date 12 3 �• IC Address oAQ N Y Y 1Z -f h ) - ,* v�.p -t PM PA-N 0 3EA cH , FL 330t�R Solicitation SOUTH M R RCQ BEA Contract # SAND RENOURlSHMENT 10/1/2012- (2) 7 INSTRUCTIONS FOR COMPLETION OF SF- LLL,.DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a foliowup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it Is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee, "then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment, include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number, grant announcement number; the contract, grant, or loan award number; the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP -DE -90 -001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying 'official shall sign and date the form, print his /her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0046), Washington„ DC 20503. DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046 (See reverse for public hurriarl riicnlncr rra 1 1. Type of Federal Action: 2. Status of Federal Action: v~ 3. Report Type: 1-7 a. contract 7a. bid /offer /application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting. Entity: 5. if Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ Prime ❑ Subawardee d Address of Prime: Tier if known: 7 Congressional District, if known: /,Aslonal District, if known: S. Federal Department/Agenc_ Federal Program Name /Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) ( last name, first name, Ml): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure Signature: of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and Title: not more than $100,000 for each such failure. Telephone No.: Date: W-0-, Authorized for Local Reproduction - — • - _ ,r.__ — - Standard Form LLL (Rev. 7 -97) �i I certify from the records of this office that CAVACHE, INC. is a corporation organized under the laws of the State of Florida, filed on November 12, 2002. The document number of this corporation is P02000120371. I further certify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on January 19, 2012, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twentieth day of January, 2012 t kt.u� Secretary of State Authentication ID: 700218882617- 012012- PO2000120371 To authenticate this cerdficate,visit the following site, enter this ID, and then follow the instructions displayed. https: / /efde .sunbiz.org /certauthver.html Attachment: Pre -Bid Information W A) Describe Bidder's proposed method of completing the Work being bid and a time schedule for implementation. The time to mobilize and complete the work will be considered along with bid price in award; therefore, be specific. Cavache's proposed method of project completion: At receipt of notice to proceed Cavache will have survey and engineering work ordered for pre - survey, as well as begin immediate transport of the "Maya Caelyn" a 2010,16" Cutter head Ellicott 1170 custom dredge, dredge tenders, and support equipment to Marco Island staging area and to a near by Marina for assembly. Please see added attachment of dredge specifications. Cavache will set up an embankment area crew for installing a safety fence, signage, lights and a safe work zone. The crew will begin fusing and assembling pipeline, lights and signage, as well as, preparing beach area for embankment. During the same time, Cavache's second crew will be assembling the dredge and stern carriage barge and moving the dredge into the borrow area cut. Pipeline will be strung and ready for attachment. Dredge operations will begin after the pipeline is attached to dredge and all safety inspections and operational drills have been completed. Dredge operation will be 24/7 until all beach embankments have been completed and surveyed. Dredge operations will start on the east end of the Borrow area moving west. Dredge anchors will be set with one of the dredge tender boats as the dredge advances forward. Beach pipeline will be added as needed between shifts. Dredged spoil will start on the southern limits of the fill area and move to the north as dredge embankment is made, crew will finish grading the beach behind the dredge discharge. When embankment and survey have been completed, crew will begin demobilization of dredge pipeline, materials and support equipment from the project. Cavache will then remove all safety equipment and fencing. Pipeline and dredge will be marked per the USCG Rules. Dredge is equipped with a spud carriage barge, a HYPACK real time GPS computer system and a flow & velocity meter to maximize operation efficiencies and production. The borrow area will be monitored with the on board HYPACK GPS real time position system as well as the dredge crew. In the event that the entire borrow area is affected with a heavy concentration of shell hash and moving the dredge does not offer a viable solution; Cavache can mobilize a specialized, hydraulic, dredge dead screen to the job to filter the shell hash and can speak to the owner about the option should the problem occur. This screen option should not impact the schedule. H r* B) What size dredge do you propose for the work? What is the estimated daily production rate for the dredge proposed for the work? What is the estimated duration of the Work in days and months? Refer to Technical Specifications for dredge size requirements. 16" Ellicott 1170 dredge "Maya Caelyn" Year 2010 The daily production rate per 10 hr shift is 4,500 cubic yards anticipated for the conditions on this project The estimated duration of work areas as follows: - Mobilization and equipment set up: 16 days - Dredge operations and embankment: 15 days - Project clean up, punch out and demobilization of equipment: 15 days C) What size and type of equipment will you used on this Project, to include scows, boosters, cranes, barges, etc. ?? What equipment will you.purchase or rent for the proposed Work? Dredging operations will be completed with a 2010 16" Ellicott dredge, 55' spud carriage barge, (2) dredge tender boats, up to 4,000' LF HDPE SDR17 dredge pipe. Beach embankment will be completed with a D6 LGP Caterpillar bulldozer, John Deere 892 track excavator and a John Deere 744E wheel loader. All equipment and materials are owned by Cavache, therefore it is not necessary to purchase equipment for this job. Cavache does not intend on using rental equipment on any portion of this project. D) List key personnel Bidder proposes to use on this Project including their qualifications and prior experience. Refer to Technical Specifications for superintendent requirements. See Attachment: Key Personnel E) List other present commitments including dollar value thereof, name of owner and estimated date of completion. - Palm Aire dredging of 1 million tons of aggregate for Ryan Incorporated Southern. Dollar value is $1.8 million and is an ongoing contract for 2013. - EX65: Owner is U.S. Army Corps of Engineers and the prime contractor is Cajun Construction Inc. The contract dollar amount is approximately $700,000.00 and scope of work is to dredge 180,000 cubic yards of material. The work is projected to begin in April/May 2013. F) Will you sublet any part of this Work? If so, give details. Cavache will be self performing all scopes of work besides survey and soil sampling. M mv G) What is the last dredging project of this nature that you have completed? Bathtub Beach Renourishment H) Have you ever failed to complete work awarded to you: If so, where and why? NO I) Name three individuals or corporations for which you have performed similar work and their contact information as references. 1. Southport Dredging, Frank J. Cichon (954) 650 -5695 2. The Carmelia Corporation (754) 581 -5499 3. American Marine, Robert Rogers (941) 266 -6304 ,n Is the dredge to be used for the proposed work certified for open ocean dredging by the American Bureau of Shipping (ABS)? Please provide proof of ABS certification with the bid or the reason why certification is not needed. No. Not Requried, within demarcation boundary J K. List experience with Gulf/open ocean ebb channel (shoal) dredging and beach fill placement. Refer to Technical Specifications for dredge size requirements. Project: Kissimmee River Restoration C -37 Enlargement and Miscellaneous Features Owner: USACE Owner Contact: Erin M. Duffy Prime Contractor: WRS Compass Prime Contractor Contact: Hank Yuan Subcontractor: Cavache Inc. Equipment: Dredge Type: 16" Cutterhead Dredge Dredge manufacturer: Ellicott Main engine: C32 Caterpillar Auxiliary engine: C9 Caterpillar Generator: John Deere 25 KW Pump: 16" x 16" 3 valve Ellicott Booster: 1. Pearce C32, 16" x 16" 2. Pearce C27, 16" x 16" 3. GIW 16V92, 16" x 16" 4. Pearce C32, 16" x 16" Pipeline: 18" HDPE IPS SDR 17 Project Scope: Dredge 815,000 cubic yards pumping distance of 19,400 LF Project Description: Dredge excavation of main channel and oxbows, 815,000 cubic yards Project Duration: 2010 to 2012 Project: Bathtub Beach Renourishment Owner: Martin County Prime Contractor: American Marine Prime Contractor Contact: - Robert Rogers Subcontractor: Cavache Inc. Equipment: Dredge Type: 14" Cutterhead Dredge Dredge manufacturer: Ellicott Main engine: Caterpillar Auxillary engine: Caterpillar Pump: Ellicott Pipeline: 12" HDPE IPS SDR 17 Project Scope: Embank and finish grading approximately 50,000 cubic yards of dredged material to renourish beach Project Duration: 2010 16A6 Project: Lake Trafford Critical Restoration/ Dredging & Containment of Muck Phase 3 Owner: SFWMD Owner Contact: Timothy Carter Prime Contractor: Harry Pepper & Association Prime Contractor Contact: Mark Horning Subcontractor: Cavache Inc. Dredge Quantity: 2 million cubic yards Equipment: Dredge Type: 16" Cutterhead Dredge Dredge manufacturer: Ellicott Main engine: 16V92 Auxiliary engine: 8V92. Generator: Omni 20KW Pump: Georgia Iron Works Booster: Godwin 420D Pump: Godwin 16" Engine: C9 Caterpillar Pipeline: 18" HDPE IPS SDR 17 Project Scope: Dredged 2 million cubic yards and pumped 11,000 LF Project Description: Dredge excavation and removal of approximately 2 million cubic yards of in -situ muck sediment from the bottom of lake and pumped an estimated 2 miles+ to a designed spoil area Project Duration: 2009 -2010 Project Dollar Amount: $4,203,529.89 CA�AC H E ma Lake 7raliotd Critical Restoration Phase III 06.21 -10 Contract #4600001777 Project: OCEAN CAY - -- http:// www .aesoceaning.com/OceanCay.asp Owner: AES Atlantis, Inc. Prime Contractor: Southport Dredging Inc. Prime Contractor Contact: Christopher Cavo Subcontractor: Cavache Inc. Dredge Quantity: 1,100,000 cubic yards of sand and Aragonite Deposits Equipment: Dredge Type: 18" x 16" cutter suction dredge Dredge manufacturer: Gator manufacturer Main engine: 16v92 Detroit Diesel 1250 HP Auxillary engine: 8v92 Detroit Diesel 650 HP Generator: Onan 15KW Pump: Georgia Iron Works 18" suction 16" discharge Booster: Barge mount Pump: Georgia Iron works 18" suction 16" discharge Engine: 16V92 Detroit Diesel 1250 HP Pipeline: 18" HDPE IPS SDR 17 Project Scope: Dredge Shipping Channel, Ship Turning Basin, Mining Project Description: Dredging operations consisted of dredging 1.5 miles of shipping Channel 200 ft wide out to the ocean. Dredging 1,200 LF diameter ship turn basin. Dredging Aragonite deposits 2.5 miles out into ocean areas for processing. Spoils were processed and reloaded on to ships for sale by AES. Project Duration: 2004 to 2006 Project: Free Port Bahamas Harbor Owner: Free Port Harbor Company/ Grand Bahamas Ship Yard Owner Contact: Edward Saint George Prime Contractor: Carmella Corporation Prime Contractor Contact: James C. Cavo Subcontractor: Cavache Inc. Dredge Quantity: 890,000 cubic yards of Rock and sand Equipment: Dredge Type: 24" x 20" cutter suction dredge Dredge manufacturer: Dredge Masters manufacturer Main engines: (2) D399 caterpillar 2500 HP Auxiliary Engines: 379 caterpillars, 3412 caterpillar, 3306 caterpillar Pump: Georgia Iron works 24" suction 20" discharge Booster: skid mount Pump: Georgia Iron Works 24" suction 20" discharge Engine: D398 caterpillar 1450 HP Pipeline: 20" 1/Z wall steel pipe with pipe pontoons Project Scope: Dredge Shipping Channel, dock slips, Project Description: Dredging operations consisted of dredging 3.5 miles of pipeline For shipping channel 400 hundred foot wide. Dredging 1,2,3,4 dock slips, each 1500 feet to 2000 feet long 400 feet wide with pumping distances exceeding 2 miles. Spoil was pump to Grand Bahamas rock and varies locations. Project Duration: 2003 to 2005 Project Dollar Amount: 6.5 million 0 "a Iwo st pecifications 1170S "DRAGONO" CUTTERHEAD DREDGE Portable Dredge for any standard 18" (457 mm) pipeline Nominal pump capacity range = 150 -600 yds3 /hr (480 m3 /hr) ELLICOTT@ DREDGES, POWER- PACKED PORTABILITY The "Value Engineered" Series 1170S: Design criteria focused on dependability and low cost with rapid dismantling, mobility, reassembling and start -up; minimizing downtime and ensuring high productivity. Principal Dimensions and Particulars Specifications 16A6 1170S "DRAGONO" CUTTERHEAD DREDGE 16A6 Representative digging depths and dimensions for average dredging service. Configurations for deeper digging readily available - consult Ellicott. Prinell3af Dhnemians,and Partitutars GENERAL i { Hull Length 33 ft (10 m) digging depth English; 20.73 m1 68 ft. Hull Width 14 m, 30.0 ft! Hull Depth Dry Weight (approximate) _ 3..... _ _ 1 37 ml 4.5 ft.• ( 94,800 kg', 209,000 lbs.; Mean operating draft 0.86 m( 2.83 ft; lCenter Tank Weight (complete jwith machinery) 40,824 kgj 90,000 lbs.1 ;Fuel Storage Capacity 12,490 Lt 6,000 gal; DIGGING DEPTH Maxim Im 15.2 m: 50 ft.': Minimum 1.2 mi 4 ft. j ;CHANNEL WIDTH l@ Min. Maximum @ IDigging Depth 0° Swing each :@ Max. side CL t'(50ft115 m) 1Digging Depth 38.1 ml 125 ft. j 28 mi 92 ttJ I Minimum @ Min. Digging ,Depth ;(with hull grounded) 23.5 m� 77 ft.! ;PRIME jMOVERS Diesel Engine CATC32 Continuous Rating) 634 kw 850 HP Diesel Engine CATC9" (intermittent Rating) 261 kw1 350 SHP! A [TOTAL 894 kw 1200 SHP! CUTTER (Cutter lCutter Cutting Power 116 kw.l 155 SHP! Cutting Force 4055 kgl 8.940 lbs. Cutting Diameter 7 _ ... ......... 1099 mm, 43.27 inl Shaft Diameter 133 mmi 5.24 in' Speed Range 29-48 RPM ;DIRECT ;LINE !SWING WINCHES haft Power 36.5 kwl 49 HP' Line Pull - First Layer 6,804 kg 15,000 Ibs; Line Speed - First Layer 0 -31.5 m /min;j 0 -103 ft/min ire Size 15.9 mm 5/8 in, Drum Capacity 122 ml 400 ft. ;SPUD WINCHES AND ;SPUDS Shaft Power 23.9 kw, 32 HP Line Pull 7,800 kg.1 17,200 Ibsi, Line Speed - 14.6 m /min; 48 ft/min' _ ire Size 19 mm 3/4 in Spud Length (33 ft (10 m) DD Spud Outside Diameter 14.3 ma 47 ft 457 mm 18 in! Spud Weight 3 084 kg� 6 800 Ibj 1170S "DRAGON®" CUTTERHEAD DREDGE OPTIONAL EQUIPMENT Accessories and options offered include choice of cutters, pump handling equipment, air conditioning or heating, production measuring equipment, and pipeline components. ELLICOTT@ reserves the right to modify equipment in order to provide engineering improvements. specifications - ''DRAGQNOn" Model Series 1170S HULL - Three tank design: quick connect/disconnect assembly; machinery in unitized center tank. Outboard pontoons for flotation, ballast and fuel storage. Hull bottom plate is 0.31 inch (7.9 mm), side plate 0.25 inch (6.35 mm) reinforcing up to 3/4 inch (19 mm); all of A36 or equal steel. Deckhouse integral with center tank structure. DIRECT -DRIVE CLOSE COUPLED PUMP UNIT - Close - coupled unit, totally enclosed radial and thrust bearings on reduction gear shaft with ACME threads for impeller mounting. Pump case, impeller, liners and throat piece are cast of special 500 SHN chrome carbide abrasion resistant iron. Driven by heat exchanger cooled Caterpillar diesel engine with electric starting. Choice of 18 inch (457 mm) discharge pipe diameters. HYDRAULIC POWER PACKAGE - Three hydraulic pumps are direct driven by a Caterpillar auxiliary diesel engine. Hydraulic system includes four independent operating circuits; one for cutter, one for swing winch, one for ladder hoist, and one for spud winches and control pressure. The engine, hydraulic pumps, gears, cooler and reservoir are all mounted on a common base. EXCAVATING MODULE AND LADDER - Cutter driven by slow speed, radial piston hydraulic motor. Maximum cutter force available at all speeds. Underwater excavating module features short drive shaft with weight concentrated at the cutter for efficiency. Cutter can be angled down for shallow digging. Excavating module drive recessed .inside ladder tube for protection. LADDER HOIST - Independent winch raise and lower. SWING WINCHES - Individual single, direct line winches, direct - driven by radial piston hydraulic motors, mounted on the aft end of the ladder. Speed and reverse controls at operator's console. ELECTRICAL SYSTEM - 24 volt DC internal /external lighting and electrical system is powered by auxiliary diesel engine. SPUD AND SPUD. WINCHES - Two heavy wall, cylindrical steel spuds mounted in spud keepers at stern. Spuds designed for single -part wire rope bottom lift, and are raised or lowered by individual single drum winches with free -fall clutches. WARRANTY - Ellicott® warrants its equipment only in accordance with the printed warranty conditions which are normally included in our sales proposals, the latest copy of which will be forwarded promptly on written request. No other warranties are provided. " DRAGON®" Model Series 1170 - 16" (406mm) I.D. Pipeline 16A6 KKUW,LW ffi- 99MRsxmow Note: Calculated output curves indicate pumping capability only. In actual practice the material varies from free flowing, easily excavated material to compacted and/or difficult excavations. When used for estimating actual outputs, the nature of the material must be considered. Consult Ellicott(& for other dredging conditions outside these curves. BASED UPON S.G. 2.10 (MATERIAL IN -SITU S. G. g.10 SUCTION PIPE I.D. 116 in (406 mm) DISCHARGE PIPELINE I.1).116 in (406 mm) PUMP IMPELLER 138 in (965 mm) 7Y1AX. PUMP SPEED 1654 RPM IMAX. PUMP HP 1855 HP (638 kw)l TERMINAL ELEV. 10 ft (3.05 m} 1 For material in -situ values other than 2. 1, see conversion below. CONVERSION FOR VARIOUS IN —SITU S.G. S.G. 2.10 MULTIPLIER 1.00 2.00 1.10 1.95 { 1.158 a 1.90 ( 1.222 1.85 1.294 1.80 1.375 16A6 Attachment: Key Personnel 16A6 Anthony Cavo 280 NW 12th Avenue, Pompano Beach, FL 33069 954- 568-0007 anthony@cavache.com Education 4 year degree OSHA and MSHA Certified CPR, First aid, emergency tech training, hazardous waste spill and clean up training and fire preventative training US Coast Guard boaters training course Master captains course OUPV Captains Course GIW pump and slurry course, GIW pump tech course Texas A &M dredging long course Experience Vice President/Director 10 /2003- Present Cavache Inc., Fort Lauderdale, FL • Involved in all aspects of project management, operations management and organization ■ Involved in estimating and marketing ■ Contributed to major dredging projects of channels, lakes oxbows and waterways, in addition to, land development and roadway projects General Superintendent 6/1997- 10/2003 Ryan Sale and Services, Inc. Deerfield Beach, FL • Assisted with estimating, organizing and management of all projects • Managed over 100 employees and foreman • Contributed to construction of major land development projects, DOT roadways and installation of utilities as well as land fill closures, channel and waterway construction and maintenance, and all dredging projects 6/1988 - 6/1997 Southport Dredging Inc. Pompano Beach, FL • . Began as an operator, mechanic and survey assistant with increasing levels of responsibility to become foreman and ending as project superintendent • Responsible for overseeing all aspects of each project that included dredging, excavating and grading. ■ Additional responsibilities: Field assessment and future projects 16A6 Rocco Cavo 304 Holly Avenue, Port St. Lucie, FL 34952 954 - 415 -6588 Experience Cavache Inc. Project Managet /Supervisor 2008 to P7vsent • Involved in all aspects of project management, operations, quality control and safety management • Contributed to major dredging projects of channels, waterways, ports and lake oxbows • Responsible for estimating, quality control and daily reports, as well as, project organization and supervisor • Responsible for most of the company's open water and total projects United Contractors/ City Services LTD. 1998 -2007 • -Involved in dredge operator, engineer, dredge tender, survey, containment disposal facility operations, pipeline installer, pipeline foreman, engineer foreman, survey lead, dredge captain, operations manager, general superintendent, project manager, quality control and safety officer United Contractors 1996 -1998 . Worked part-time as dredge engineer and survey assistant Projects C -37 Critical Restoration Project Completed Dredging project dollar value was $11 million • Consisted of dredging 800,000 cubic yards at 19,400 LF with 4 booster pumps and a 16" Ellicott 1170 dredge Duties: Superintendent, Project Manager Bathtub Beach Restoration Martin County Dredged 55,000 cubic yards of sand for beach renourishment • Duties: Superintendent VOLPAC Oil Company in the Grand Bahamas Dredging project dollar value was $12 million • Consisted of dredging 486,000 cubic yards of un -shot rock at 52' ft of water depth using an 24" electric dredge in open water Dudes: General Superintendent, Operation Manager Disney Studios in the Grand Bahamas Dredged 300,000 cubic yards of sand from the entrance inlet and turn basin with a 16" dredge for the Pirates of the Caribbean movie Part 3 Dudes: General Superintendent, Operation Manager Bradford Marine in the Grand Bahamas • Dredged 85,000 cubic yards of un -shot rock for installation of new dry dock • Duties: Dredge Operator and Captain [me Freeport Shipyard in the Grand Bahamas • Performed maintenance dredging next to the ship berths with a 24" dredge • Duties: Dredge Operator and Captain Freeport Shipyard in the Grand Bahamas • Dredged 950,000 cubic yards of un -shot rock with a 24" dredge for dry dock basin 1 and 2 • Duties: Dredge Operator and Operation Captain Discovery Bay in the Grand Bahamas • Dredged 450,000 cubic yards of sand 1.5 miles off -shore with a.24" dredge for Beach Renourishment • Duties: Dredge Operator Key Biscayne in Miami, Florida Dredged off -shore 2 miles with a 16" dredge and 2 booster pumps for Beach Renourishment Duties: Dredge Captain Silver -lakes for Lennar Homes • Dredged 1.5 millions cubic yards of sand & rock aggregate • Duties: Dredge Captain Education/ 2 Year Degree • Augusta State University Certifications Transport of Solid Using Centrifugal Pumps • GIW Maintenance of Centrifugal Pump Course • Texas A&M Dredge Engineer Short Course • MSHA Certified • OSHA Certified First Aid /CPR 16 A6 Danny Sabon 424 Danube Way, Poinciana, FL 34758 954 -662 -1059 Experience Cavache Inc. Supervisor • Involved in all aspects of dredging operations, survey, containment disposal 2006 to Present . area maintenance and contracting earthwork, grading, survey, quality and safety officer • Dredge operator, captain, site supervisor for excavation and grading operations • Handles all aspects of dredge HYPACK computer system, survey, layout and Topo's . Works on all open water, earthwork and dredging operations Ryan Inc. 1995 -2006 • Involved in all aspects of earthwork and dredging activities Worked as a operator, foreman, site superintendent, dredge captain and lead surveyor United Contractors 1991 -1995 Involved in operating equipment, survey and engineering Projects C -37 Kissimmee River Restoration Completed Dredging project dollar value was $11,077,856 • Consisted of dredging 800,000 cubic yards at 19,400 LF with 4 booster pumps and a 16" Ellicott 1170 dredge • Duties: Superintendent, Survey, Earthwork Operations 13B Kissimmee River • Dredged 178,000 cubic yards of material and pumping to fill channel cut with a 14" dredge Duties: Dredge Captain, Survey Site Supervisor Lake Trafford Critical Restoration • Consisted of dredging 2 million cubic yards of material from 1,300 acres of open water and Pumping 11,000 ft with one booster pump and a 16" dredge • Duties: Dredge Captain, Supervisor, Quality Control, Safety Officer Bathtub Beach- Restoration • Dredged 55,000 cubic yards for beach renourishment • Duties: Supervisor, Layout, Beachfill Operations MPCS- Miramar, Florida • Dredged 150,000 cubic yards of sand and rock to make mitigation and land embankments • Duties: Operator, Supervisor Monterra- Davie, Florida • Dredged 110,000 cubic yards of sand for landfill embankment with a 12" dredge • Duties: Supervisor, Quality Control, Survey Supervisor Maple Ridge- West Palm Beach, Florida • Dredged 250,000 cubic yards of sand material for landfill embankment with a 16" dredge • Duties: Operator, Dredge Captain MPC2- Miramar, Florida - _ - -- • Dredged 180,000 cubic yards of sand /stone material for landfill embankment with a 16" dredge • Duties: Supervisor, Survey Oak Ridge- West Palm Beach, Florida Dredged 320,000 cubic ,yards of sand for landfill embankment with a 16" dredge Duties: Operator, Engineer Addison Preserve- West Palm Beach, Florida • Dredged 300,000 cubic yards of sand material for landfill embankment with a 16" dredge • Duties: Operator, Dredge Captain ABerdyne Proving Ground Maryland • Dredged 2 million cubic yards of sand with a 18" dredge for submarine fast facility Duties: Survey, Engineer, and all land base embankment operations Education/ 2 Year Degree- Broward Community College • MSHA Certified Certifications OSHA Certified First Aid /CPR • GPS Topo 16A6" James Forrler 1502 18th Avenue North Lake Worth, Florida 33460 (954) 553 -5067 EXPERIENCE: 2009 - Present Cavache Inc. Foreman • Responsible for dredge tender and support equipment operations • Duties include operating boats, bulldozers, excavators, pipeline, fusing pipeline and surveying 2005 —2009 Native Technologies, Inc. • Responsible for wetland and mitigation construction and maintenance • Erosion control and maintenance • Equipment finish grading and operations • Worked closely with owner and government field representatives 2003 —2005 FPL • Equipment operator and inventory organizer 2001— 2002 Davasta •. Worked as equipment operator • Responsible for finish grading and surveys 2000 —2001 Toll Brothers • Responsible for assisting site operations and managerial daily reporting CERTIFICATIONS: CPR/First Aid USCG Boaters Safety Course Aquatic and Natural Area Chemical Course John Cavo 6175 NW 57th Street, Apt# 216 Tamarac, Florida 33319 (954) 650 -5699 WORK HISTORY: 16A6 Cavache Inc, Engineer, 2002- Present o Involved in all dredging operations, dredge engineering and site mechanic o Responsible for dredge maintenance, repair and dredge support operation, including pipeline fusing and installation Southport Dredging, 1990- 1997 o Worked as an engineer, mechanic, welder, dredge tender, equipment operator, engineering supervisor, project foreman, pipe fuser operator, pipe PROJECTS COMPLETED: JOB NAME: Cocoa Beach Banana River CITY: Cocoa Beach, Florida WORK DESCRIPTION: Maintenance dredging JOB NAME: Maintenance Dredging of Slip Areas CITY: Fort Lauderdale, Florida WORK DESCRIPTION: Dredging of slip areas JOB NAME: St. John's River Basin, S -254 Flow Way CITY: Tampa, Florida WORK DESCRIPTION: Maintenance Dredging St. John's River JOB NAME: John Sessa/Nob Hill Dredging CITY: Pembroke Pines, Florida WORK DESCRIPTION: Dredging JOB NAME: Coral Cove Park Beach Enhancement CITY: West Palm Beach, Florida WORK DESCRIPTION: Beach Renourishment, Dredging JOB NAME: Naval Surface Warfare Center CITY: Port Everglades, Florida WORK DESCRIPTION: Dredging of slip area JOB NAIVE: Dredging at Forest Hills CITY: Davie, Florida WORK DESCRIPTION: Dredging in Family Development JOB NAME: Dredging Intake Canal CITY: Tampa, Florida WORK DESCRIPTION: Dredging Intake Canal, Anclote Plant for Florida Power Corp. 16A6 JOB NAME: Dredging\Marina Caper \Centennial Marina CITY: Sanford, FL WORK DESCRIPTION: Dredge Boat Slips For New Marina JOB NAME: Dredging\Alligator Creek CITY: Sanford, FL WORK DESCRIPTION: Channel Maintenance Dredging JOB NAME: Dredging Bayshore Trailer Estates Canal CITY: Bradenton, Fl WORK DESCRIPTION: Canal Dredging JOB NAME: Dredging Bay Colony Canal CITY: Bradenton, F1 WORK DESCRIPTION: Canal Dredging JOB NAME: New River Dredging CITY: Boca Raton, Florida 33433 WORK DESCRIPTION: Dredging JOB NAME: FSU Marine Lab Dredging Project CITY: Tallahassee, Florida WORK DESCRIPTION: Dredging marine channels to the Florida State University Marine Lab JOB NAME: CITY: St. John's Water Management Area Improvements, Corps. of Engineers Channelview, Texas 77530 WORK DESCRIPTION: Dredging marine channels to the Florida State University Marine Lab JOB NAME: Dredging of Sanitary Landfill CITY: Middle Heights, Ohio WORK DESCRIPTION: Dredging of Sanitary Landfill cover JOB NAME: Tri Rail/CSX Dredging CITY: Fort Lauderdale, Florida WORK DESCRIPTION: Hydraulically dredging under rail road bridges JOB NAME: Dredging at Cabana Point CITY: Fort Lauderdale, Florida WORK DESCRIPTION: Channel Maintenance EDUCATION /CERTIFICATION: - First Aid /CPR - Stott Diesel Engine Course ASI Welding & Fabricating Course 16A6 Timothy Edward Hoban 107 Columbia Drive Cape Canaveral, Florida 32920 321 -750 -5061 SHILLS: Equipment Operator: Dozer, Loader, Hoe. Specialty equipment: Work Boats, Push Boats, Tow Boats, Dredge Operations, Barge Mount Excavation, etc. WORK HISTORY: 2009 -2012 Cavache Inc • Dredge and booster operator performed all dredging related operations including fusing pipe, grading and pipe installation 2005 -2008 VTJ Stevedoring, Port Canaveral • Operator: Tug Tenders, Crane and Miscellaneous Equipment 2003 -2004 Palm Beach Aggregate, Loxahatchee • First mate and relief operator, reservoir for South Florida Water Management, 30 "" electric dredge "Sam Houston" with 2 electric boosters operated from the dredge, 7 mile discharge pipe, Estimated yardage 43 million cubic yards 2002 -2003 Southport Dredging, Pompano Beach • Dredging 13 canals for CSX and Tri-rail, 8", Mog. 2000 -2002 Great Lakes Dredging, Cape Canaveral to Melbourne • Beach Renourishment, 6 months on, 6 months off due to sea turtle nestlings, May to November, 30" dredge "Alaska" • Job was through the IUOE Local 25 Marine Division 1998 -2000 Subaqueous Services, Fort Lauderdale • Maintenance dredging portions of the Banana River navigation channels, Merritt Island, estimated 60,000 cubic yards • Lake Panasotkee clean -up • Numerous other maintenance dredging projects operated a 12" dredge 1986 -1998 Southport Dredging, Pompano Beach • Numerous maintenance dredging projects and pit dredging, 8 ", 105, 12" and 16" dredges 1984 -1986 Rowan Construction Equipment, Pompano Beach • 101 Pit Lyons Road, fill for Sawgrass Expressway Project • Maintenance dredging Fort Pierce Inlet, 14" dredge are CERTIFICATIONSIEDUCATION: • 130 Ton Manitowoc Crawler, lattice boom • 80 Ton All Terrain, hydro • US Coast Guard Captain • OUPV Captain's Course • First Aid/CPR WILLIAM C. LANIER PO BOX 292 PALMDALE, FL 33944_ (863) 673 -5910 2008 - Present Cavache Inc • Dredge Operator • Performed maintenance and installation of dredge and pipeline on -site • All types of support on dredge and pipeline 2005 -2007 Stewart Mining • Mine Foreman • Responsible for all dredge and plant maintenance • Operated dredge and trained dredge3 personnel on a 18" cutter dredge 16A6' 1999 -2004 Florida Rock Industries, Inc- Weatherspoon Mine • Dredge Operator • Performed all maintenance and repairs on booster pumps, all dredge support maintenance, pipeline installation (steel and plastic pipe) and repaired plastic and steel pipe • Loaded dump trucks with a 980G CAT Loader 1972 -1999 E.R. Jahana Industries- Ortona Sand Mine • Welder • Machinist- Ran machine shop • Mechanic • Dredge Operator • Dredge Instructor (trained new dredge operators) • Performed maintenance on all equipment • EMSHA Instructor • Safety Officer for the Ortona Mine • Fabrication Foreman: Built and designed dredges, conveyers and miscellaneous plant parts • Ran Heavy Equipment: Loader, Dozer, Track Hoe, Off -Road Dump Trucks, 12 ton and 40 ton Rough Terrain Crane, Motor Grader Memorandum Date: December 12, 2012 From: Scott D. Johnson 16A6' Email: scottjohnson @colliergov.net Telephone: (239) 252 -8995 FAX: (239) 252 -6588 ADDENDUMI To: Interested Bidders Subject: Addendum # 1 Solicitation # and Title 13 -6009 South Marco Beach Sand Re- nourishment Project The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: New Bid opening date: December 19,2092 @ 2 :30 PM If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c, Addend umTemplate Revised: 4115/10 1 Memorandum Date: December 12, 2012 From: Scott D. Johnson To: Interested Bidders 16A6 Email: scottjohnson @colliergov.net Telephone: (239) 252 -8995 FAX: (239) 252 -6588 ADDENDUM 2 Subject: Addendum # 2 Solicitation # and Title 13 -6009 South Marco Beach Sand Re- nourishment Project The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Questions and Answers: Question: The following quote is located in the _DEP permit, "During excavation and fill placement activities, Collier County's On -Site Representative will collect a sediment sample at not less than 500 -foot intervals of newly constructed berm and prior to completion of the next 500 -ft section to visually assess grain size, Munsell color, shell content, and silt content." A similar requirement is in the Technical Specifications, but the responsible party is the contractor. Is this a requirement of both the owner and contractor, and if so, why the redundancy? Would it be more prudent to allow the owner to test solely as it is required by the permit? Response: The County is requiring the Contractor to conduct the permit required sediment sampling and testing as stated in 11.7.9. Question: The technical specifications state substantial completion is 90 days, but other areas of the specifications state 60 days. Please clarify. Response: The Contract Time has been changed to the following. All references AddendumTemplate Revised: 4/15/10 1 16A6 within the Bid Documents to 60 days, 90 days, dates of Substantial Completion, and dates of Final Completion shall be changed according to the following. CONTRACT TIME: February 12, 2013: Issue Notice of Award February 26, 2013: Issue Notice to Proceed April 1, 2013: Substantial Completion of Beach Fill Template, Stations 1488 +00 to 1481 +00 April 27, 2013: Substantial Completion of Beach Fill Template, Stations 1481 +00 to 1461 +00, subject to the Environmental Window defined in TS -XX. May 12, 2013: Final Completion Question: is beach tilling a requirement of this contract upon completion of the dredging? Response: No. The County shall conduct the required beach tilling between April 28th and April 30th to comply with the Environmental Window. Question: I see there is a requirement to have a minimum of a 14 inch ID discharge on the dredge that will be used on this project. The dredge we have available has a 14 inch OD discharge. This is the same equipment we used on the Estero Island Beach project and the Blind Pass dredging project. Both projects were finished on time. Can you change specifications to consider past performance to allow our equipment to be used? Response: The requirement remains the same as specified in the Bid Documents, that being having a minimum of a 14 inch discharge line (Interior Diameter). Question: 'Of special note is the Permit requirement for the maximum shell content equal to 5% retained on the #4 sieve. The CONTRACTOR shall utilize best management practices to implement the requirements of the Permits and avoid placing shell hash in excess of state standards." It should be noted that the contractor has very little control as to what comes out of the pipe. The borrow area is established, therefore, whatever material is in the borrow is what will be placed on the beach. We assume the owner has investigated and tested the borrow source to ensure that it is acceptable for beach nourishment. If an unacceptable amount of shell and /or shell hash is placed on the beach, and the contractor has dredged within the permitted borrow template, the mitigation cost should be paid by the owner. We consider placing this risk on the contractor to be unreasonable. The specifications need to address responsibility, regardless of the perceived likelihood of this occurring. Please consider an amendment clarifying the liability 16A6 of placing "unsuitable" material on the. beach so that we have comfort in bidding this project. Response: The intent of this section is to notify the County inspector on site so that the cutterhead dredge can be moved in the borrow area to avoid that pocket of shell hash, if significant. The County and Engineer working cooperatively with the Contractor and will make that decision. The County wants cooperation from the Contractor to move the dredging operation in the borrow area if required. While the County does not expect to encounter significant quantities of shell hash, the County must have the Contractor's cooperation. Remember, that this borrow area has been used many times in the past but there might be small pockets of shell hash. If the Contractor abides by the Permits and cooperates fully with the County, if the County wants to have shell hash removed from the beach or re- spread the shell hash within the Work area, the mitigation costs will be paid for by the County. The County expects the relocation of the dredge in the borrow area will be at the Contractor's expense. Question: "The CONTRACTOR must own the cutterhead- suction dredge having a minimum of a 14 inch discharge line (Interior Diameter) to be utilized on this Project. The Bidder must have demonstrated experience with this dredge on the successful completion of a minimum of three (3) similar projects." We have a long history in beach nourishment and have several dredges that can meet this requirement, but we have one particular dredge that we purchased in 2010. It has worked on one similar project, but does meet all other requirements. Please consider an amendment clarifying this language. Response: If the dredge the Contractor is proposing has a minimum of a 14 inch discharge line (Interior Diameter) as defined by the specifications, and the Contractor's company and site supervisor have experience using this or similar Contractor owned equipment; and the only issue is that this particular dredge has only been in the Contractor's inventory for 2 years, then that meets the intent of the specifications and the Contractor's proposal to use this equipment would be deemed acceptable subject to the other terms and conditions of the Contract Documents. Question: The USACE permit requires turbidity testing every 6 hours while dredging. The DEP permit requires turbidity testing 2 times daily, at least 4 hours apart. Please clarify which is correct. Response: Turbidity monitoring shall be conducted by the Contractor in accordance with DEP Permit No. 0235209 - 003 -JC dated October 11, -2012. Specific Conditions 32 through 34 contain the provisions including monitoring twice daily at least 4 hours apart. GENERAL ITEMS 16A6 1. Please include in the Addendum a sentence emphasizing the importance of the Bidders filling out the questionnaire contained in the Technical Specifications and submitting it with their bid. 2. Please address that the County's one year warranty provision is not applicable to the beach restoration feature of the Project. 3. Liquidated Damages: Are changed to $1600.10 per day TECHNICAL SPECIFICATION CHANGES PART I. INTRODUCTION Renumber 1. 2.0 PROJECT MANAGEMENT to 1. 3.0 PROJECT MANAGEMENT Renumber I. 3.0 ORDER OF WORK AND PROJECT SCHEDULE to 4.0 ORDER OF WORK AND PROJECT SCHEDULE Insert new section I. 2.0 Alternate Bid The CONTRACTOR is notified that the potential for additional Work exists subject to funding. Specifically, the COUNTY is seeking post -storm recovery funding from FEMA for impacts associated with Tropical Storm Debby. At its sole discretion, the County reserves the right to authorize excavation of an additional 15,000 cubic yards of beach compatible sediment from the permitted borrow area limits and placement of the sediment within the permitted fill limits as part of this CONTRACT. The option to or not to authorize the placement of the additional sediment shall not be a basis for claim for additional time or money. All provisions of the CONTRACT specific to the base bid fill quantity are applicable to the optional bid fill quantity. It is noted the permitted fill template was authorized for 104,000 cubic yards; and the borrow area available volume is approximately 154,000 cubic yards. PART 11. SOUTH MARCO ISLAND BEACH NOURISHMENT PROJECT 11.1.0 WORK Add the following section. 1.11 Environmental Window No work on the beach and no equipment storage on the beach are allowed after May 1st which is the start of sea turtle nesting season. Due to the Environmental Window and fiscal ramifications of not completing the Work on time, all Work must be substantially complete four (4) days prior to the Environmental Window. Four (4) days prior to the Environmental Window, the CONTRACTOR is responsible to stop Work, and complete Work area restoration and final cleanup in accordance with 11.7.8 "Final Cleanup." 11.3.2 Order of Work Add this paragraph as the second paragraph. In order to comply with 11.1.11 and 11.3.12, the order of the Work shall include the following sequence: 1. Construct the beach fill template from south to north. 2. Substantially complete the beach fill template between approximate Stations 1488 +00 to 1481 +00 by April I". 2. Substantially complete the beach fill template between approximate Stations 1481 +00 to 1461 +00, by April 27"'. The CONTRACTOR may propose an alternate order of Work subject to review and approval by the COUNTY and ENGINEER. 11.3.12 Access to Work Add this paragraph as the second paragraph. In accordance with GP -12, the COUNTY notes that the COUNTY will be conducting an erosion control structure repair project of the two (2) rock groins and three (3) breakwaters along South Marco Beach (Collier County Bid No. 13 -6011) between monuments G -2 to G-4 (rock groins) and in the nearshore adjacent to the Work area (breakwaters) concurrently with the Work. The CONTRACTOR will have to work cooperatively with the COUNTY and their rock contractor during the Work. The rock contractor shall provide for a 10 -foot wide pipeline corridor from 100 feet south of monument G-4 to 100 feet north of monument G -2 for the CONTRACTOR to install their sediment pipeline. 111.1.9 Manatees, Smalltooth Sawfish, and In -Water Sea Turtles Add this sentence to the end of the first paragraph. The CONTRACTOR is responsible for obtaining required approval from the federal agencies for their observers prior to commencement of the Work. 16A6 If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. 16A6 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK. LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 9. FEMA and other grant forms. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marred with: gBid Number; 13 -6009 <*Project Name; South Marco Beach Sand Re- nourishment <*Opening Date.12 113/2012 13. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Cavachf, Inc. Bidder Name P -es Id -e rt� Signs ure & Title—A DAM ADACH& Date: 1211311.2 27 Construction Services Agreement: Revised 08/1512012 CONSTRUCTION 16A6 AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Cavache, Inc. ( "Contractor ") of 280 NW 12th Ave, Pompano Beach FL, 33069, a Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with South Marco Beach Sand Re- nourishment, Bid No. 13 -6009 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Coastal Engineering Consultants, Inc., the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: Six Hundred thirty Thousand one hundred eighty -five dollars ($630,185.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be 28 Construction Services Agreement: Revised 08/15/2012 16A6 underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas..qov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion by April 1, 2013. The Commencement Date (herein "Contract Time ") shall be upon issuance of a Notice to Proceed. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion on or before May 12, 2013. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand six hundred dollars and ten cents ($1600.10) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is 29 Construction Services Agreement: Revised 08/1512012 16A6 4 fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. 30 Construction Services Agreement: Revised 08/15/2012 16A6 H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Coastal Engineering Consultants, Inc. and identified as follows: South Marco Beach Sand Re- nourishment as shown on Plan Sheets 1 through 8. Exhibit N: Contractor's List of Key Personnel ITB 13 -6009 South Marco Beach Re- nourishment Terms and Conditions Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: J. Gary McAlpin, P.E Collier County Coastal Zone Management 2800 North Horseshoe Drive Naples, FL 34104 Tel: 239/252 -5342 Fax: 239/252 -2956 Email: garymcalpin @colliergov.net 31 Construction Services Agreement: Revised 08/1512012 16 A6 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Cavache, Inc. Attn: Adam Adache, President 280 NW 12th Ave Pompano Beach, FL 33069 Tel: 954/568 -0007 Fax: 954/943 -8550 Email: info(d-)cavache.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. 32 Construction Services Agreement: Revised 08/15/2012 "0 � i Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not. be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 33 Construction Services Agreement: Revised 08/1512012 16A6 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: By: FIRST WITNESS �-&o �-L re-)M, offiRw 2 Name CONTRACT R: 7 Cavach nc. Type /Print Name and Title Date: r{,�j�1D�tnj (.0 10a 6 OWNER: ATTEST: BOARD OF COUNTY COM ISSIONERS OF i tr;n COLLIER COUNTY FLORI A Clerle i Y BY: Me$ n tQ 4ittltidn's Apooved A;D rto ,Form and Legal Sufficiency: Print Name: 't11 Assistant County Att rney rwoman iller, Esq, Item # Agenda Date C2In,_ Date 33 Re-.% ^16 IL 1 Deputy Clerk 34 Construction Services Agreement: Revised 08/15/2012 11 AL P�� ti nutiaing xeiattonsnips Contract No.: 13 -6009 Contractor Name: Cavache, Inc. Address: 280 NW 12`" Avenue Pompano Beach, FL 33069 Phone Number: (954) 568 -0007 Owner Name: The Board Of County Commissioners of Collier Countv Address: 3299 Tamiami Trail East Suite 303 Naples, FL 34112 Phone Number: (239) 252 -8097 16A6 23 EGANFUSKEE STREET SUITE 102 JUPITER, FLORIDA 33477 TELEPHONE (561) 776 -9001 FACKMILE (561) 427 -6730 www.calllc.com Surety Bond No.: 105397450 Surety Company: Travelers Casualty and Surety Company of America Address: 2420 Lakemont Avenue Orlando, FL 32814 Phone Number: 407/388 -2300 Project Name: South Marco Beach Sand Re- nourishment Project Location: Marco Island, FL Contract Amount: Six Hundred Thirty Thousand One Hundred Eighty Five Dollars and 00/100 ($630.185.00) Description of Work: Dredging & Pumpinq Legal Description of Project: N/A This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the performance /payment bond(s) regardless of preprinted numbers on other pages issued in compliance with Florida Statute 255.05. 16A6 South Marco Beach Sand Bond. No. 105397450 i Contract No. 1.3 -6009 KNOW ALL MEN BY THESE PRESENTS: That • .Oavache, Inc. as Principal, and Travelers casualty and Surety Com an as Surety, located at 2420 Lakemont Avenue, Orlando, L 32814 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County as. Obligee in the Sun1. of Six Hundred Thirty Thousand One Hundred Eighty Five and 00/100 - - - - -- ($630.185.00--- -- ) for. the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns jointly and severally. WHEREAS, Principal has entered into a confjract dated as of the 26th day of Fphrniary 2013 , with Obligee for South Marco Beach Sand Re- nourishment in Marco Island accordance with drawings and specifications, which-contract is incorporated by reference and made a part hereof; Ind is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Princi :al: Promptly makes payment to all claimants. as gefined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materialslor supplies, used directly or indirectly by Principal in the prosecution of the work provid6d for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and core piiance 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 ti 'e limitations of Section 255.45(2).. In no event will the Surety be liable in the aggregat to claimants for more than the penal sum of this Payment Bond,. regardless of the umber of'suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have. executed this instrument this 28th day. of February 20 13 , the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body: 35 Construction Services Agreement: Revised 08/15/2012 Signed, sealed and delivered in the presence of: lam Witnesses as to Principal STATE:OF Florida COUNTY OF Broward The foregoing instrument was acknowledged bef 20_x, by Adam Adache ; ravarhP Inr. , a Florio corporation. He /she is personally known to me identification and did (did not) take an oath. My Commission Expires: 9 63 ANDREA YOUNG SONMY COMMISSION # EE148W NAME EXPIRES November 15, 2015 (AFFIX OFFICIAL SEAL) , ATTEST: Witnesses to Surety 16A6 PRINCIPAL . f Cavache, Inc. ,ME: Adam ache President me this 28th day of February President of corporation, on behalf of the Z has produced as (Signature of Notary) nag rp_ a Jon (Legibly Printed). Public, State of f%V, ssion No.: $ � SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 36 Construction Services Agreement: Revised 08/15/2012 a�OR I esses STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was ackn Fahruary , 2013 , by D. as Attnrnev -in -Fart of Surety,. on behalf of Surety. He /She iE take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) LORI a GLEASON NOTARY COMMISSION.# EE39176a sr rEOF EXPIRES APR 23 2016.- RARM BONDED THROUGH RU INSURANCE COMPANY As Attorney in Fact (Attach Power of Attomey) D. Michael Stevens (Printed Name) ) Lakemont Avenue Number) before ma this 28th day of 3ie a casuaity and 00 'a known c as I entificati( k (S nature) Name: _1 ri B. Gleason Printed} . me OR has produced i and who did (did not) ry Public, State of: Florida mission No.: Cr 191'7i!n Ci 37 Construcdon Services Agreement Revised 08/15/2012 South Marco Beach. Sand ke- nourishment Bond No.105397450 Contract No. 13 -6009 KNOW ALL MEN BY THESE PRESENTS: That 1�avache, Inc. as Principal, ands Travelers Cast Ritrety r=nanv of America , as Surety, 2420 Lakemont Avenue, Orlando, F LI 32814 and located at' (Business Address) are held i and firmly bound to The Roard of County Commissioners of Collier County ; as Obligee in the sum of ($630.185.00 --- -- ) for the payment whereof personal representatives, successors and assig WHEREAS, Principal has entered into a cc Fehn,ary in accordance with drawings and specification reference and made a part hereof, and is referred THE CONDITION OF THIS BOND is that 00 -- bond ourselves, our heirs, executors, jointly and severally. lated as of the 26th day of 13 with Obligee . for which contract is incorporated by herein as the Contract. 1.. Performs the Contract at the times and in tie manner prescribed in the Contract; and 2. Pays Obligee any and all losses, dami des, costs and attorneys' fees that Obligee sustains because of any default by Prin pal under the Contract, including, but not limited to, all delay damages, whether liquidat id or actual, incurred by Obligee;. and 3. Performs the guarantee of all work and ma' nals furnished .under the Contract for the time specified in the Contract, then this borij is void; otherwise it remains in full force. Any changes in or under the Contract aid compliance or noncompliance with any formalities connected with the Contract o the changes do -not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipu extensions of time, alterations or additions to the be performed hereunder, or the specifications rei its obligations under this bond, and it does here extensions of time, alterations or additions to the the specifications. This instrument shall be construed in all re expressly understood that the time provisions 255.05, Florida Statutes, shall not apply to this :s and agrees that no changes, ,ms of the Contract or other work to ed to therein shall in anywise affect waive notice of any such changes, rms of the Contract or to work or to s as a common law bond. It is statute of limitations under Section 38 Construction Services Agreement: Revised QS/1512012 • r • In no- event will the Surety be liable in the agg sum of this. Performance Bond regardless of Obligee. to to Obligee for more than the penal number of suits that may be filed by IN WITNESS WHEREOF, the above parties have executed this instrument this 28th day of February , 2013 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PI 6 BY: Witnesses as to Principal NAME: f STATE OF Florida COUNTY OF Pu... P9,10 -ware roWard The foregoing instrument was acknowledc February 20 13 by Adam Adache as President of Cava Florida corporation, on bi personally known to me OR has prod as identification and My Commission Expires: L _ ANDREA YOUNG SON . MY COINA SION 0 EE14"W EXPIRES November 15, 2015 aie o�58 (AFFIX OFFICIAL SEWAU Name: AL Inc. Adam Adache President rd before me this 28th day of Inc. of the corporation. id (did not) take an oath. re) Printed) Public, State of: Florida ission No.: EG �Q) ,a He /she is 39 Construction Services Agreement: Revised 08/15/2012 16A6 ATTEST: le (Orinted" Name) i I ( 'usiness Address) i� (Juthorized Signature) ii Witnesses as to Surety (printed Name). II', OR A ' Attomey in Fact (ttach Power of Attomey) I D, Michael Stevens ti esses (F#,inted Name) 2420 Lakemont Avenue O I'lando, FL 32814 ii (80siness Address) i 49,;7/388 -2300 O,eliephone Number) STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 28th day of february 20 by (D. Michael Stevens as Attorney -in -Fact Of Travelers Casual y and Surety Company of America a Surety, on belI�lf of Surety. He /She is rson now to me OR has produced as. identification iA and who did (did not) take an oath. My Commission Expires: aa ( Ignature) Name: !# B. Gleason (AFFIX OFFICIAL SEAL) LORI B GLEASON ARy COMMISSION # EE191760 EXPIRES APR 23 2016 BONDEDTHROUGH FLORADA RU INSURANCE COMPANY / Printed) Public, State of: Florida ssion No.: �5 E . 191 - -1 n 40 Construction Services Agreement: Revised 0811 W01 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED Ad POWER OF ATTORNEY TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 218958 St. Paul Mercury Insurance Co n Travelers Casualty and Surety p A 6 Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005206414 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint D. Michael Stevens, and Don A. Lambert Jr. of the City of Jupiter , State of Florida , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 25th IN WITNESS WIWREOF, the CompTdrls2have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of , Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 2 pR5(/A�� J�FIRE 6 � ETM..�NSIj � INSUA. PETY ANpa �Nb -'°'9 Y� C �Ir r '9 QC: • 9! 4JP .............4y F+ 9J G •- sT ' °b l� � MCdIPOtW1Ep Y �It�RP�RA�fec� cARPONATf :�" °P 9i � Sy`'NME�cTF'�aa 1951 y �.�,GO �`.SE 8 aA A'SSAL ;,'D �, CONN. y P /igANGE d!S• d1.... s ...:t� ' � * .e PP Attlb� State of Connecticut City of Hartford ss. By: '44:6e Robert L. Raney, enior Vice President 25th September 2012 On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. OtA My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY WITHOUT &A�k C. Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farming t C alt y, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Comp t. I re Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of February 20 13. 4�� Kevin E. Hughes, Assistant Sec tart' ? p1.6U,��r` �"" YF\RE 4t' O�1N..!MS�j9 Jpt'\NSygq V A% 1%a�Mtry s�tiY,i� O y,'gppq',♦ �7 �p.,,�,,�' r 'I9 f @tipRGOgA�.7 ;• s f1 - •w.r\gyit� z �� Ftj .6ppPORATt: t 9 s z o 1977 m 2: ° wwrweo.. { / /wtersam 5 <O _ • l �i. jn �; ° CONN. n S WtWR io ��6 7 a 1951 �.SEALIO �,SBbL�a y o To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED EXHIBIT B: INSURANCE REQUIREMENTS 16A6 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severabiiity of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be.authorized to purchase such coverages and charge the Vendor for such coverage(s).purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this 41 Construction Services Agreement: Revised 08/15/2012 16A6 Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 42 Construction Services Agreement: Revised 08/1512012 Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type. Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1000,000.00 single limit per occurrence 3. ® Commercial General $1,000,000.00 single limit per occurrence, $2,000,000 aggregate for Bodily Liability (Occurrence Form) Injury Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. $ single limit per occurrence 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000.00 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ® United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1, 000, 000.00 Per Occurrence ® Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work.. $ 1, 000, 000.00 Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate 43 Construction Services Agreement: Revised 08/15/2012 16A6 ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A2 or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number 44 Construction Services Agreement: Revised 08/15/2012 CA11AA &MERRITT '4� R`° CERTIFICATE OF LIABILITY INSURANCE DATE,MM/D/YYYY) 2/28/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Jf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). (PRODUCER Collinsworth, Alter, Lambert, LLC 23 Eganfuskee Street Suite 102 Jupiter, FL 33477 CONTACT NAME: Bonnie Merritt PHONE 561 776 -9001 FAx (561) 427 -6730 A/c No Ext : ( ) A/C No E -MAIL bmerritt ADDRESS: @callic.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: First Mercury Ins. Company 10657 INSURED INSURER B: Great American Insurance 16691 INSURER C: Zurich American Insurance 16535 Cavache, Inc. INSURERD:Atlantic Specialty Insurance Co 280 NW 12th Avenue Pompano Beach, FL 33069 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL N SUBR POLICY NUMBER MM/DDfYYYY MM/DD/YYZYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F7X OCCUR GACGL000001 536401 10!22!2012 10/22/2013 PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY - ECOMBINED tleISINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO 1 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ NON -OWNED HIRED AUTOS AUTOS L PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB X OCCUR --- EACH OCCURRENCE $ 1,000,000 B X EXCESS LIAB CLAIMS -MADE OMH144043700 1012212012 10/2212013 AGGREGATE $ 1,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? ❑ NIA WC474466800 3/1412012 3114/2013 WC STATU- OTH- X TORY T E.L. EACH ACCIDENT $ 1,00(),000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below B Vessel Pollution OMH144043600 1012212012 10122/2013 Occurrence /Aggregate 1,000,000 D P P155494 2/26/2013 2/26/2014 Including Crew 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) South Marco Beach Sand Re- nourishment Project Certificate holder is named as additional insured for general liability per CG2033 when required by written contract. General Liability is primary and non contributory for the additional insureds when required by written contract. Waiver of subrogation applies to general liability and workers' compensation for the additional insGredswhen required by written contract. Workers' Compensation includes USL &H coverage. Excess Liability extends over general liability and employer's liability. Cancellation applies as per policy terms and conditions. The Protection and Indemnity policy includes Additional Insured and Waiver of Transfer of Rights Endorsement for Collier County Board of County Commissi vu1 , rt wry , � , ,v1- ls/krYUr_LL/A I ILJIV Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDDq REPRESENNTAhTIVE M 4e` 1 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A�� ° CERTIFICATE OF LIABILITY INSURAN A 230/20 3 Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Floridian Coastline Group 2450 E Commercial Blvd NAME: Monica Cavai.oli PHONE . (954) 302 -4531 AC No: (954)692 -3941 E -MAIL ADDRESS: moni.ca @floridiancoastline.com Suite 203 Ft Lauderdale FL 33308 INSURERS) AFFORDING COVERAGE NAIC # INSURERA:St Paul Travelers -Underwriting INSURED INSURER B; EACH OCCURRENCE Cavache INC. 280 NW 12th Avenue INSURER C: COMMERCIAL GENERAL LIABILITY INSURER D: INSURER E: Pompano Beach FL 33069 INSURER F: MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER-CL1231301062 RFVIRIf11U til IMRGR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AD L JIM UBR _wk POLICY NUMBER MM /DDYfYYYY ) (MMIDD/YYYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO R N PREMISES Ea occurrence $ MED EXP (Any one person) $ CLAIMS -MADE F1 OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY PRO LOC $ A AUTOMOBILE LIABILITY ANY AUTO A A- 4B952146 /14/2012 /14/2013 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY Per accident ( ) $ NON -OWNED AUTOS PROPERTY DAMAGE Paraccident $ UM $ 1,000,000 L OCCUR EACH OCCURRENCE $ AGGREGATE $ CLAIMS -MADE ENTION $ $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is Also Additional Insured Project: South Marco Beach Sand Renourishment Project _. VAIYLCLt -A I IUN Collier County Board of County Commissioners 3299 Tamiami Trail East Naples, FL 34112 ___Mw ca acv rarvaj INS025 rgmnnF� ni SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cruz /MIKE 19 1985 -2010 ACORD CORPORATION. All rights reserved. Tito Arr1Rr1 . and Innn -rn rnnic4nrnrl m rli of Af'nP l 16A6 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 20 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: DATE: Witnesses STATE OF COUNTY OF President The foregoing instrument was acknowledged before me this day of , 20 , by ,as of ,a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: NAME: (AFFIX OFFICIAL SEAL) (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: 45 Construction Services Agreement: Revised 08/1512012 16A6 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or . Purchase Order N Collier County Water -Sewer District (the OWNER) Application Date FROM: RE: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $. Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and, CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : . (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 46 Construction Services Agreement: Revised 08/15/2012 $ 1 $ 2§ } ) \ / 7 j $ \ / § 2kj I 8 E2 �Le �® L LLI _ e, f� aZ) it i s § .2 () \j � �) CD q3 j\ z 2 @- <0 m2 U ) p_ §\ §§ § k § ) o , }, §2� \\ < -2 \n // k} §mow . f\ U) _- / � ' 0 �2 ®o Ee � // ) c f 2 @ § $2 q/ q \2 ®ƒ �f / �!) § \W �� LL 0- z2 G; C) ■ o 2= ,� &® w <W k }c �m o < k) w G )/ 2@ m =- j \ 0 �® /5 §u \\ R S .2 -2 ¥\ § <]a G£, � =,k &§� 7 « » § C j \ \j o m \5£ cn < 0 ) / ® =22 cl . \ \ ƒC, .. . o | 0 ®c = ` wm �\ƒ. �2 � - § 3 \/ $ 1 $ 2§ } ) \ / 7 j $ \ / `o as �a 'L +.d C� C as L O r.+ N U_ Q :n X W 16A&T CD N 00 O c N a) N a> O� Q ,n U 0 U N C 0 U O C N f0 C m � O G1 'i o m h N C N � � d L � a — � o > m. LU � N 2"o N d > v d CL d v .Qc O G Z CL vI O w V U) d d w R O 16A&T CD N 00 O c N a) N a> O� Q ,n U 0 U N C 0 U TO: Project Name: Bid No. : Change Order No.: Change Order Description 16A6 EXHIBIT E: CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ........ ............................... $ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Authorized by Date: Date: Date: Date: Date: Date: Date: 49 Construction Services Agreement: Revised 08/1512012 Director (For use by Owner: Fund Cost Center: Object Code: Number: ) 16A6 Project 50 Construction Services Agreement: Revised 08/15/2012 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 16A6 OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 51 Construction Services Agreement: Revised 08/15/2012 16A6 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: ,007,1021=10 The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 120 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 120 OWNER By: Type Name and Title 52 Construction Services Agreement: Revised 08/15/2012 Bid No.: 20 Contractor: 16A6 EXHIBIT G: FINAL PAYMENT CHECKLIST Project No.: Date: , The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Actual Final Completion Date: YES NO Calendar Days. Calendar Days. 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. 11. 12. Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) 53 Construction Services Agreement: Revised 08/15/2012 By Design Professional: By Owner: 16A6 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 54 Construction Services Agreement: Revised 08/1512012 16A6 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other _parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 55 Construction Services Agreement: Revised 08/15/2012 16A6 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional .shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 56 Construction Services Agreement: Revised 08/15/2012 16A6 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of -values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 57 Construction Services Agreement: Revised 08/15/2012 4.3 Contractor shall submit all Applications for Payment to Michael T. Poff, P.E., Coastal Engineering Consultants, Inc., located at 3106 Horseshoe Drive South; Naples, FL 34104. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to 58 Construction Services Agreement: Revised 08/1512012 16A6 fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 5. PAYMENTS WITHHELD. 59 Construction Services Agreement: Revised 08/15/2012 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise 60 Construction Services Agreement: Revised 08/15/2012 16A6 relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 61 Construction Services Agreement: Revised 08/15/2012 16A6 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 62 Construction Services Agreement: Revised 08/15/2012 16A6 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under 63 Construction Services Agreement: Revised 08/15/2012 16A6 the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and 64 Construction Services Agreement: Revised 08/1512012 Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 65 Construction Services Agreement: Revised 08/1512012 16A6 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. if Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 66 Construction Services Agreement: Revised 08/15/2012 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 67 Construction Services Agreement: Revised 08/15/2012 16A6 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of thin Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to -the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 68 Construction Services Agreement: Revised 08/15/2012 • 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non- responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration 69 Construction Services Agreement: Revised 08/1512012 Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regla6nA.6 relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 70 Construction Services Agreement: Revised 08/1512012 16A6 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed- under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment. shall survive termination of the Agreement. 71 Construction Services Agreement: Revised 08/15/2012 16A6 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the 72 Construction Services Agreement: Revised 08/15/2012 procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 73 Construction Services Agreement: Revised 08/15/2012 16A6 recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, 74 Construction Services Agreement: Revised 08/15/2012 1.. tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, 75 Construction Services Agreement: Revised 08/1512012 exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor. fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is . rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work onto remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and 76 Construction Services Agreement: Revised 08/15/2012 16A6 consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of- Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not Load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 77 Construction Services Agreement: Revised 08/15/2012 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 78 Construction Services Agreement: Revised 08/15/2012 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 79 Construction Services Agreement: Revised 08/15/2012 16A6 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre - construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 80 Construction Services Agreement: Revised 08/15/2012 16A6 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within,a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within 81 Construction Services Agreement: Revised 08/1512012 16A6 and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self- performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such 82 Construction Services Agreement: Revised 08/1512012 16A6 work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 83 Construction Services Agreement: Revised 08/1512012 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal /Approval Logs Equipment Purchase /Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost - Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As- Built" Marked Prints Operating & Maintenance Instruction 84 Construction Services Agreement: Revised 08/1512012 16A6 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project shall be defined as the collective contracts, which may include but not be 85 Construction Services Agreement: Revised 08/15/2012 16A6 limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control Department (239 -252- 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator 86 Construction Services Agreement: Revised 08/15/2012 16A6 certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 87 Construction Services Agreement: Revised 08/15/2012 16 A(4,o EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: 13 -6009 South Marco Beach Sand Re- nourishment FEMA 2012 10 -24 88 Construction Services Agreement: Revised 08/15/2012 16A6 EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http:l /bid.colliergov.net/bid/ and titled: 13 -6009 South Marco Beach Sand Re- nourishment 89 Construction Services Agreement: Revised 08/1512012 16A6 EXHIBIT K: PERMITS Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: 13 -6009 South Marco Beach Sand Re- nourishment 90 Construction Services Agreement: Revised 08115(2012 16A6 EXHIBIT L: STANDARD DETAILS Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: 13 -6009 South Marco Beach Sand Re- nourishment 91 Construction Services Agreement: Revised 08/15/2012 16A6 EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: 13 -5009 South Marco Beach Sand Re- nourishment 92 Construction Services Agreement: Revised 08/15/2012 16A6 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Construction Superintendent Project Manager 93 Construction Services Agreement: Revised 08/1512012