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Backup Documents 01/24/2012 Item #10CMEMORANDUM 10C Date: February 13, 2012 To: Diana De Leon, Contract Technician for Jack Curran Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #12 -5817 "LASIP Naples Manor North Canal Stormwater Improvements" Contractor: Lodge Construction, Inc. Attached, is an original copy of the contract referenced above (Item #10C), approved by the Board of County Commissioners on Tuesday, January 24, 2012. The second 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. t r > � •�. IP r Memorandum 10C Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8941 FAX: (239) 252 -6700 Email: RhondaCummings acolliergov.net www.colliergov.net/purchasing Subject: Solicitation # 12 -5817 "LASIP Naples Manor North Canal Stormwater Improvements" Date: February 3, 2012 From: Diana DeLeon for Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Ray Carter, Manager Risk Finance This Contract was approved by the BCC on January 24, 2012 agenda item 10C. The County is in the process of executing this contract with Lodge Construction, Inc. Please review the Performance and Payment Bonds and Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. Finance Signature RECEIVED RISK MANAGEMENT Z46z � ate (Please route to County Attorney via attached Request for Legal Services) CC`- rJ N G /Acquisitions /AgentFormsand Letters /RiskMgmtReviewofl n sura nce4/15/2010/16/09 10C mom LASIP — NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS COLLIER COUNTY BID NO. 12 -5817 COLLIER COUNTY, FLORIDA C""jjr31- RI6K MANAGEMENT Rhonda Cummings, FCCN, CPPB, Procurement Strategist Email: rhondacummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 Design Professional: Pitman- Hartenstein & Associates, Inc., Engineers 12701 World Plaza Lane, Bldg. 80 Fort Myers, Florida 33907 239 - 936 -6466 Telephone, 239 - 936 -7153 Facsimile Purling Depamneni • 3321 Tamiami Traii East • Naaies. Florida 34112 -4ap, • www.cof iergov.neVpurcnasing 1 Construction Services Agreement: Revised 6/1/11 10C TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTIONBID ................................................................................. .............................15 BIDSCHEDULE .......................................................................................... .............................16 MATERIALMANUFACTURERS ................................................................. .............................18 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................19 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................20 TRENCHSAFETY ACT .............................................................................. .............................21 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................22 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................23 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ..................................................... 24 BIDBOND ................................................................................................... .............................28 BIDDERSCHECK LIST .............................................................................. .............................30 CONSTRUCTIONAGREEMENT ................................................................ .............................31 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................39 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................... .............................42 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................45 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................49 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................50 EXHIBITE: CHANGE ORDER .................................................................... .............................53 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................55 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................57 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................59 EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................91 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................92 EXHIBITK: PERMITS ................................................................................. .............................93 EXHIBIT L: STANDARD DETAILS ............................................................. .............................94 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................95 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............96 z Construction Services Agreement: Revised 6/1/11 .r 10C PUBLIC NOTICE INVITATION TO BID LASIP - Naples Manor North Canal Stormwater Improvements COUNTY BID NO. 12 -5817 Separate sealed bids for the construction of LASIP — Naples Manor North Canal, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 19 day of December, 2011 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 301th day of November, 2011, 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, LASIP — Naples Manor North Canal Bid No. 12 -5817 and Bid Date of December 19, 2011 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed 3 Construction Services Agreement: Revised 6/1/11 10C resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Two Hundred Twenty (220) 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 18th day of November, 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director 4 Construction Services Agreement: Revised 6/1/11 10C PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 17 - 18 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be 5 Construction Services Agreement: Revised 6/1/11 10C enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filfng the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 Construction Services Agreement: Revised 6/1/11 Section 5. Signing of 10C 4 a a Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department at the County's On Line Bidding System at http: / /bid.coiliergov.net/bid /, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) 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 issued on n the County's On Line Bidding System at http: / /bid.colliergov.net/bid/ no later than three 7 Construction Services Agreement: Revised 6/1/11 10C (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. a Construction Services Agreement: Revised 6/1/11 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work.. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement Specialist of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said 9 Construction Services Agreement: Revised 6/1/11 10C notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http: / /www.colliergov.net/index.aspx ?page =762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business 10 Construction Services Agreement: Revised 6/1/11 10C with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall 11 Construction Services Agreement: Revised 6/1/11 10C not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any 12 Construction Services Agreement: Revised 6/1/11 10C employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 19. Single Bid. Only one bid from a legal entity as a primary will be considered. A legal entity that submits a bid as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - contractor to any other firm submitting under the same ITB. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - contractor to any other firm 13 Construction Services Agreement: Revised 6/1/11 10C or firms submitting under the same ITB. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. 14 Construction Services Agreement: Revised 6/1/11 CONSTRUCTION BID 10C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LASIP - Naples Manor North Canal Stormwater Improvements BID NO. 12 -5817 Full Name of Bidder Lodge Construction, Inc. Main Business Address 2161 McGregor Blvd. Fort Myers, FL 33901 Place of Business Fort Myers, Florida 33901 Telephone No. 239- 332 -4371 Fax No. 239- 332 -0218 State Contractors License # CGC 059635 State of Florida Certificate of Authority Document Number. Federal Tax Identification Number FE - 65- 0021668 K00321 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an, ORIGINAL and ONE COPY of your bid pages. 15 Construction Services Agreement: Revised 6/1/11 lOC MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company". Signature: Date, Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. Slide Gate (section SOO) 2. Shore Block SD-475-S-OC (qpe-tine 524a) 3. 9 5. ACS' Environmental 18 Construction Services Agreement: Revised 6/1111 10C UST 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 li'sted 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 Contact ' ' 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 sheetsi as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Ecosystem Technologies Clearing & ; Grubbing 2221 McGregor Blvd. FM FL 2. Curb Systems of SWFL Concrete 10964 K Nine Dr. BS, FL 1 D&J Machinery, Inc. Slide Gate 728 E. Trindad Ave.Clewiston, 4. 1 Ecosystem Technologies ArmorflexlOpen Cell Mat 2221 McGregor Blvd, FM FL 5, Triple J Grassing, Inc. Performance Turf PO Box 7258, FM FL Company. o e nstiruction, Inc. Signature. I Michael Dunn Date: 12/2111.1 Vice President is Conslrucban Services Agreement Revised 611711 FL 10C i STA . EMENT OF EXPERIENCE OF BIDDER The Bidder is required to I state below what work of similar magnitude completed within the last five years is a ju ge of its experience, skill and business standing and of its ability to conduct t �as completely and as rapidly as required under the terms of the Agreement. i 1. Manuel Weir B:r -Fort Myers, F 2. Compartment B 1 sire I Reference Ron Edenfield - ECT. th Build-Out da Kevin Snell - Chief USACE t Project da Albert Tibbs III - USACE . ............... 4, Wakehatchee Park Improvements Fort Myers, Florida Carroll Road Box Culvert Repl. 5. Fort Myers, Florida N a Randy Harris - Lee County Gov't, Saeed Kazemi - City of Fort Myers Paul Wingard - Lee County DOT Company: L2 stfruction, Inc. Signature: chael I)unn Date: 12/27/ 1 vice President 20 ConsiTuctinn Services Agreement: Revised 611111 10C a- 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) fLF,SY) 1. simple slope 2. 3, 4. 5. LF 507 .50 253.50 TOTAL $ 253.50 Failure to complete the above may result in the Bid being declared non-responsive. 21 Construction Services Agreement: Revised 61112011 10C �Caumzy SR-Al-es 0WISI-on AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS BID #:12 -5817 (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business Collier County ® Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ® Lee County: 1988 Number of Employees (including Owner(s) or Corporate Officers): 37 Number of Employees Living in ❑ Collier County or Pq Lee (including Owner(s) or Corporate Officers): 12 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Lodcge Construction, Inc. Date: Collier or Lee C my Addre 2161 McGregor Blvd. Fort Myers, FL 33 901 Signature: Title: vice president ,STATE OF FLORIDA: ❑ COLLIER COUNTY [X LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, an this 27th Day of Dec. _20 11 Notary Public E My Commission Expires: 11 /12 / 2 015 Notary public State of plotida Dianne K eeaber My Commission EET33063 Expires iinw20Ts (AFFIX OFFICIAL SEAL) 22 Construction Services Agreement: Revised 61172011 Immigration Law Affidavit Certification Solicitation # 12-5817 LASIP - Naples Manor North Canal 5tormwater Improvements 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/biddees proposal. Acceptable evidence consists of a copy of the properly completer) 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 1 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 (a) of the 1NA. 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 subsequentAmendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Lodge Construction, Inc. Print Name -MI-cItp,el Duran Signature State of Florida County of Lee Title 'Vice President: Date 12Z27/11 The foregoing instrument was signed and acknowledged before me this 19th day of December 20 11, by Michael Dunn (print or type name) who has produced personally known (type of identification and number) as identification. Notary Public Signature Dianne Beaber Printed Name of Notary Public EEE 133063/11/12/2015 Notary Commission Number /Expiration ,ew a Notary Public State of Ftonda Dianne K Beaber �0 My Cammisswn EE133063 �'�orno Expires 47112f2015 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. 23 Construction Services Agreement: Revised 67912011 Company ID Number. 161023 O V TIIF: F:- VERIFY PROGRAM FOR EMPLOYMENT' t'ERIF;c. %-PION e11FNIORANDUbd OFUNURSTANDING ARTICLE I PURPOSE AND ALTrHORITY` 'this Memorandum of Understanding (MOU) sets forth the points of agcement between the Social Security Administration (SSA}, the Dgwtment of Homeland Security (DHS) and Id eedeed Canstracdon Im (Employe') regarding the Employees pardeipation in the Employment Eligibility Verification Program (F-Vaify). E-V%* is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form I -9) has been completed. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1946 (IMBLA4 Pub. L 104 -208, 110 Star. 3009, as amended (8 U.S.C. § 1324a tote). pitt !' -- FUNCTIONS TO BE PERFORMED A. RESPONSIBILPM OF THE SSA 1. Upon completion of the Form I-9 by the employee and the Employer. and provided the Employer comltlaa with the requirements of this MOU, SSA agrees to provide the Employer with available informmdon that allows the Employer to confum the a= acy of Social Security Numbers provided by all newly hired employers and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employees participation in the E- Verify program. The SSA agrees to provide the Employe with names, tides, addresses, and telephone numbers. of SSA representatives to be contacted dining the &Verify process. 3. The SSA agrees to safeguard the information prmided by the Employer through the. E- Verify program procedures, and to limit access to such informatim as is appropriate by law, to individuals responsible for the verification of Social Semnity Numbars and for evaluation of the E -Verify program or such other pawns or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. f 552x), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS"s automated system if necessary) to Provide confirmation or tentative nonconfitmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. S. SSA agrees to establish a means of secondary vaificction (Including updating SSA records as may be noxwary) for employees wbo croMwt SSA tentative tioag that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment IOC Company ID Number. 161023 C. RBSPONS>$HdTIF.B OF THE RhMOYER I. The Employer agrees to display the notices supplied by DHS in a promiaeffi place that is clearly visible to prospective employees. 2. The Employer agroea to provide to tits SSA and DHS the names, titles, addresses, and telephone numbers of the Employer r+ tit+ea to be contacted regarding E- Verily. 3. The Employer agrees to become familiar with and comply with the E - Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Veify Tutmial before that individual initiates any A The employer agrees that all employer repueseatatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prcvcat the employs from continued use of the program. S. The Employer agrees to comply with established Form I -9 procedures, with two Oweptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "Last B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2 (b) (1) (B)) can be presented during the Form 1-9 process to establish identity). • If an employee presents a DHS Form I- 551 (Permanent Resident Card) or Form 1-766 (Employment Anthorizatiort Document) to complete the Farm IA, the Employer agrees to matte a photocopy of the document and to retain the photocopy with the employee -s Forst I -9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo tom- matches that we contested by employ= Now that employees retain the right to peasant any List A. or last B and Last C, documentation to Mete the Form I -9. DHS may in the fiftm designate other documents that activate the, photo screwing toad. 6. The Employer understands that participation in E- Verify does not cwmpt the Employer from the responsibility to complelG retain, and make available for inspection Farms 1-9 that relate to its employees, or firam other requirements of applicable regulations or laws, except for tie following modified requirements applicable by reason of the Employer's participation in E- Verify. (1) identity do=nmts mud have photos, as descaibed in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(axl XA) of the Immigration and Nationality Ad (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment diSMIty of the individual in compliance with the terms and conditions of E- Verify ; (3) the Employer must mot & DHS if it continues to employ any employee after receiving a final noncoaSrmmtion, and is subject to a civil money penalty botwoen 5500 and $1,000 for each failure to notify DHS of contimred employment it hu Immvingiy eztployed�i na (4 alien in violation of section 274A( A) ithe Employer continues to employ any employee after receiving a final a - i -anfu ---- and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any 10C Company ID Number. 161023 action taken in good, faith on information provided through the confirnmtiom system. DHS reserves the right to conduct Form I -9 compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedtmes within 3 Employer busimess days aft each employee has been hired (but after both sections 1 and 2 of the Form I -9 have bees campkted), and to complete as many (but only as many) steps of the E -Verify process as are necessary a to the E- Verify Manual. Tie Employer is psobibited from initiating verifieadon procedures befin the employee has been hired and the Form I -9 completed If the automated system to be period is temporarily unavailable, the 3.day time period is attended until it is again operational in order to accommodate the Employees attempting, in good Wth, to make k uim during the period of unavailabE*. In all cases, the Employer must use the SSA verifacafion procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been givnu. 8. The Employer agrees rat to use B•Veriij► procedures for pre - employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must an &Verify, far all new employees and will not verify only certain employees selectively. The Employer agrees not to use E -Verify procedures for re- or for employees hired before the date this MOU a im effect. The Employer understands that if the Employer uses E -Verify procedures for any purpose other tban as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pnnsaw to this MOU. 9. The Employer agrees to follow appropriate procWurcs (nee Article IILB. below) regarding terdstive noneonfimsdona, includin notibing employees of the finding, providing written referral iustrucdiams to employees, allowing employees to contest the finding, and not taking adverse action against employees V they choose to contest the finding. Further, when employees contest a tentative nonconf sn—w- oa based upon a photo non- match, the Employer is required to take aifamative steps (see Article IILB. below) to clad DHS with information necessary to reenive the challenge. 10. T e Employer aprecsi not to take any adverse action against an employee based upon the employees employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. f 274a.1 (i)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization. a tentative nonoon6tmation, or the finding of a photo non- match. does not mean and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above, the employee must be provided the opportunity to contest the finding, and V be or she does so, may not be terminated or suffer any adverse employment cmasequences until and unless secondary vedfication by SSA or DHS has been completed and a final noasoaSrmation has been issued If die employee does not choose to content a tentative Edon or a photo non- match. then the Employer can fend the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the iNA by rot discriminating unlawiblly against a w individual in biring, Bring, or rec uitmeat or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 2748(a)(3) of the 24A. because of his or her cithmshkp status. The Employer understands that aucb illegal practices can include selective verification or use of E- Verify, discharging or ruing to hire eligible employees because they wear or sound "fm+dW. and premature termination of Company M Number: 161023 10C employees based upon temative afrmationk and that any violation of the unfair immigration -meted employment practice; provisions of the INA coald. subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti - discrimination provision, it should contact OSC at 1.500-255 -7688 or 14800- 237 -2515 {'IUD). 12. The Employer agrees to record the case - rifeation number on the employee's Form 1-9 or to print the sateen gaining the ca verification number and attach it to the a mtployex's Form I -9. 13. The Employer agn= that it will use the information it receives from the SSA or DHS pursuant to &Verify and this MOU only to confirm the employment eligibility of newlyhired employees after completion of the Form I -9. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to unsure that it is at used for any other purpose and as necessary to protect its =dkIattiality. including assuring that it is not dusemmatai to any person other than employees of the Employer who ant; authorized to perform the Employee's responsibilities under this MOU 14. The Employer acimowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (0 (1) and (3)) and the Social Serenity Art (42 U.S.C. 1306(a)), and that any parson who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or dmignecs, to make periodic visits to the Employer for the purpose of reviewing E- Verify -related. canards, i.e., Forms IA, SSA Transaction Records, and DHS verifies records, which were created during the Employers participation in the E- Verity► Program. In addition, for the purpose of evaluating E- Veritjr, the Employer agrees to allow DHS and SSA or their audwrized agents or designees, to interview it regarding its vgmence with E- verify, to interview employees hired dating E- verify on c oncmaing their eacparhow with the pilot, and to maze employment and &va* related records available to DHS and the SSA, or their designated agents or designaes. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to Eva*. w c► REFERRAL OF INDIVMUALS TO THE SSA AND TRZ DEPARTMENT OF HOMELAND SECURMY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative aoaronfinoDatian issued by SSA, the Employer must print the tentative nanemrtfirmatioa notice as direSed by the automated system and provide it to the employee so no that the employee may determine whether be or site will contest the tentative ti 2. The Employer will refer employees to SSA feeld offices only as directed by the automated system based on a tentative noacontirmation, and only after the Employer Mxwds the case veaificatWn number, reviews the input to detect any transaction errors6 and deta comes that the employee contests the tentative noncon6rmatoa The Employer will transmit the Social Security Number to SSA for verification spin if this review indicates a need to do six The Company ID Number; 161 023 Employer will determine whether the employee contests the tentative nonconrMnstion as soon as possible; after the Employer receives it+ 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a r+cfe rral letter and instruct the employer to visit an SSA office to resolve the discrepancy within g Federal Government work days. The Employer will snake a second inquiry to the SSA database using E- Verify procedures on the date that is 10 Federal Government work days after the date of referral in ender to obtain confirmation, or final nonaonfrrnation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automates system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an alien who provides a document for which the automated system has transmitted a photo, the employer trust print the photo non -match tentative twncanirrmation notice as directed by the automate) system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative n+onconfirmatioa based upon a photo aon- match. 'Tits Employer will determine whether the employee contests the tentative nonconfirmation as sorts as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the 1)q=tnent through its toll -free hotline within 8 Federal Government workdays. 5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically ttammit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative notsconfirmition based upon a photo non- tuatch, the Employer will scud a copy of the employee's Form 1 -651 or Farm I- 766 to DHS for mview by: • Scanning and uploading the document, or • Sending a photocopy of the docun mt by an express trail account (fiunished and paid for by DHS). ioc Company ID Number. 161023 7. The Employe understands that if it cannot determine whether there is a photo mawnen- match, the Employe is required to ftward tiro employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the can as specified by the Immigration Services Verifier at DHS who will determine the photo match or non- match. SERVICE PROVISIONS To SSA and DHS will not charge the Employer for verification services performed under this MOU The F=pfoyer is ramble for providing equipment needed to make inquiries. To saxes the E-VaW System an Employer will need a personal muter with Internet saxes: ARTICLE .V PARTIES This MOU is eff ative upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or termiusted by any party upon 30 days prior written notice to the others. Any and ail systan its to the E- Ve:if'y program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituthe new vermation procedures, will be ewmed under this MOU and wig not can the need far a suppleme itai MOU that outlines time changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refiesher taknisls and updates to the E- Verify magna . Even without changes to E- Veritjr, the Department reserves the right to require employees to take mandatory refresba bitorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a detamination by SSA or DHS that there has been a breach of system intgp* or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Sane or all SSA and DRS r spororbi itiea under this MOU may be performed by contractor(s), and SSA and DHS may a4just verification responsibilities between each other as they may determine. Nothing in this MOU is intended. or should be con muA to create any right or benefit, substantive or praeduml, emf xteable at low by any third party against the United States, its agencies. officers, or employees, or against the Employer, its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Va* or this MOU, whether civil or criminal, and for any liability wherefinm, including (but not limited to) any dispute between the Employer and any other parson or entity regarding the applicability of Section 403(4) of MLU A to any action tabea or allegedly taken by the Employer. The employe understands that the fad of its participation in E-Voaitjr is not confidential m6m =tion and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act (FOIA). 10C Company M Number: 161 OM 10C � The foregoing constitutes &a Sill agreement on this subject betwem the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they am authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a pardelpaat In E -VerW, you should only sign the Employer's Section of the signature page If you have any questions, Contact &Veri* Operations at ="64- 42M Employer Lodge Construction Inc. Deborah Packard Name (Please type or print) Title Blecl�ox {y Signed 10R94M signature Date Department of Homeland Security — Verification Division USCIS VedHcation Division Name (Please "a or print) Title Biectraniaad& Steed 14129/M Signature Date Company ID Number. 161023 UMRMATION REQUUM FOR THE &VER>FY PROGRAM toftuniaa rehft to your CompimY ComFmy Noma LadRe Cam lac. Company Fadli y Address 2161 hkch"ar.Bbd Sake A Fort Mvers. FL33901 Cmquoy County ar pubb: LEE Employer Mendficelicin Number. 6600 US North Amerim Indasay Gaeaifi w Systems Coda 226 Fmeot Campamy. LODGE CONSTRUCTION INC. Number of Employees: 20 to 99 Number of Shea Verified tor: 1 Am you verifying for more than I she? If yet. *= pavWs the mmdw of sb a vedfied far in each Stater. • FLORIDA I she(s) Inbutaaa relatiog to tbo Froyam Admkiamtor(s) Ibr yaw Company on policy quad= or opmadamd probtemc Nsma Deborah J Lheintrd Tdepbona Nambm. MM 333.4371 Fax Number M%332 - 0215 E- MW[Addn= DEBBUOLODGECONSMUMON.COM loc 10C CJLC-a�y Ad77nisrMve ;7'4rchawg 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) requite that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ljoage Construcr-iori, Inc (as shown on income tax return) Business Name (if different from taxpayer name) Address 2161 McGregor Blvd. City Fort Myers State Flor-ida Zip 33901 Telephone 239-332-4371 FAX 2:3-9-332-0218 Email mike@1odgeconstruction.c Order Information Remit I flayment Information Address 2161 McGregor Slyd. Address 2161 McGregor Blvd. Fort Myers City State FL Zip Cit State FL Zip 33901 City 33901 Fort Myers FAX 23`x-332 -0218 FAX 239-332-0218 F-maiimike@lodgeconstructior-.COM Emailmike@lodgeconstruction.com 2. Company Status (check only one) 3. Taxpayer Identification Number (for tax reporting purposes only) I .'� tD u b Federal Tax Identification Number (TIN) b U U (Vendors who do riot have a TIN, MI be required to provide a social security number prior to an award of the contract. 4. Sign and Date Form Certification: Under peffh- tie kof pedury, I certify that the information shown on this form is correct to my knowlec oe. signature ,/ i= ., =4 � Date 12/27/11 Michael Dunn I Title Vice President I Phone Number 239-332-4373 24 Construction Services Agreement. Revised 61112011 10C Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred Ninety (190) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Two Hundred Twenty (220) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Lee Michael Dunn 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. Michael Dunn 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. 25 Construction Services Agreement Revised 6/1/2011 10C (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida , which operates under the legal name of Lodge Construction, Inc . , and the full names of its officers are as follows: President Cabot L. Dunn, Jr. Secretary Cabot L. Dunn, Jr. Treasurer Cabot L. Dunn, Jr. Manager The vice president is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken last 9eFA if not appficabk-+. (b) Co- Partnership N/A 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 N/A The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 26 Construction Services Agreement Revised 6112011 Complete for information contained in (a) Corporation, previous page. DATED 12/27/11 Witness STATE OF Florida COUNTY OF Lee 10C (b) Co-Partnership or (c) Individual from Lodge Construction, Inc. legal entity BY: Michael Dunn Na t r (Typed) Sig Lure , V�7i" ce President Tide The foregoing instrument was acknowledged before me this by Michael Dunn I as Lodge construction, Inc. a Florida corporation. He/she is personally known to Personally Known (did not) take an oath. 27 day of December 2011, Vice President Of corporation, on behalf of the me or has produced as identification and did My Commission Expires: (Signature of Notary) NAME: -Dianne K. Beaber .,pty Otq, Notary Publit StStS Of ROM18 (Legibly Printed) 't Dianne K Beaber My COMM131jon EE133052 oi t dl EXPIres 1111=015 Notary Public, State of Florida Commission No.: EEE 133.053 27 Construction Services Agreement: Revised 611,2011 10C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Lodge Construction, Inc. (herein after called the Principal) and Arch Insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of Imc, with its principal offices in the city of Ph i ladelPhia, P-k and authorized to do business in the State of FL are held and firmly bound unto the Collier County (hereinafter called the Owner), in the full and just sum of five percent of the amount bid dollars ($ 5a of bid amount good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as LASIP — Naples Manor North Canal Stormwater Improvements Bid No. 12-5817 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5;; of bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duty signed and sealed this - 9 day of pecembe- 2011, Principal (Seal) Surety (Seal) 28 Construction services Agreement: Revised 61112011 10C Local Resident Producing !Agent for Nielson, wojtowicz, Neu & Assoc. 29 Construction Services Agreement Revised 61112011 I O-C AIC 0000021241 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 2e day of November, 2011. Attested and Certified Arch Insurance Company tsqnI 4 == C artin J. Nils , Secretary K�IfOQfi STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS David M. gffilelstein, Executive Vice President I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMONwQALTMOPPCNNa wuvt� NOTARIAL SEAL KATHLEEN MARCIIMS, Notary Pawic CIS of Fhbdtw[.W, FMI 4 Ka lean Marcinkus, Not Public My commission expires 3114!2014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 26. 2011 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 9 day of December , 20_11_. art n J. Nil n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division Ckbs*vd—,-' 3 Parkway, Suite 1500 T Philadelphia, PA 19102 OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. Local Resident Producing Agent for 10C 29 Construction Services Agreement: Revised 6/112011 10C THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2, The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida 9. Collier County Substitute W-9 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 11. Any addenda have been signed and included. 12. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 13, The mailing envelope must be sealed and marked with: ,=Bid Number, ,:*Project Name; Opening Date. 14, The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET tion, Inc. SiqnAre&Title Michael Dunn, Vice President 12/27/11 30 Construction Services Agreement., Revised W112011 STATE OF FLORIDA DEPARTMENT OF BusiNEss Am PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 DUNX, CABOT LODGE JR LODGE. CONSTRUCTION INC 21.61 MC GREGOR BLVD FORT MYERS FL 33901 ong,atulaiilonsl With this license you become one of the nearly one million � i 0 dians I can. a d by the Department of Business and Professional Regulation. 174, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. cGi: Every day we work to improve the way we do business in order In serve you better. For information about our services, please log onto www.myflaridalicanse.com. CEN There you can rind more information about our divisions and the regulation!; that DUN impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently Regulate Fairly. We constantly strive to serve you better so lhat;y6u can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! tsgiri DETACH HERE 10C (85.0) 487-1395 WEOF FLORIDA z-razaaa-, i. 10C State o Department of State I certify from the records of this office that LODGE CQNSTP UCTfON, INC. is a corporation organized under the laws of the State of Florida, Filed on October �O, 1957, effective January 1, 1955. The document number of this corporation is KOO -? 1. I further certify that said corporation has paid all fees due this office tlrou�ch December 3 15 2010, that its most recent annual report was fled on January 15, 2010, and its status is active. I further certify that said corporation has not tiled ,articles of Dissolution. Given rundcr trrp= hand and the Great Sabi of Flarida, at Tallahassee, the Capital, this the Fourteenth ehq f3f SelJterlrlrL�r', 2010 M.t 1Lr o Secretai�7 of State 0 Authentication lD:.Z .0018- 542%262 - 091410- KI#03?.1 3 i0 authenticate this cer ifivatc,vi ilt tlic ii7l.lUWing site.. enic' i }lis ID, and then Cunha the instructions thstalaved. https: / /efile.sun biz.or=;leertautli er.1aml Memorandum Date: December 1, 2011 Email: RhondaCummings@colliergov.net Telephone. (239) 252-8941 FAX. (239) 252-6700 ADDENDUM #1 10C chael Dunn, Vice President From: Rhonda Cummings, FCCN, CPPS, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 — ITB 12-5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: Electronic and separate sealed bids for the LASIP — Naples Manor North Stormwater Improvements, addressed to Mr. Steve Camell, 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 49th 23rd day of December 2011, or electronically, 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. QUESTIONS AND RESPNSES Question: How are layout survey and as-builts to be accomplished and paid for? RESPONSE: There will be two additional line items added to the bid sheet, one for layout survey and one for as-builts. As-buflts are to be generated by the contractor, whereby he keeps the record of all work done throughout the job with his own surveyor, delivers a signed and sealed document to the County Project manager and Pitman-Hartenstein & Associates at the point of substantial completion, Documents providing specifications for these procedures are attached Level of detail The record drawings should contain at a minimum: 01 V pleer CbUnty AdMAISOZEhe SeMMS OMSbn pumhasmq Memorandum Email: RhondaCummings@colliergov.net Telephone: (239) 252-8941 FAX: (239) 252-6700 Dunn, Vice e Date: December 2, 2011 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: interested Bidders Subject: Addendum # 2 — ITB 12-6817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: REPLACE: ExGel Bid Srhedule Addenduffi4-wfth ITB 12-5817 Bid Schedule Addendum 2 C: Shane Cox, Senior Project Manager 10C 1 ident a e a Memorandum 100 Email: RhondaCummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252-6700 ADDENDUM #3 Mi.cliael Dunn, Vice President Date: December 8, 2011 / From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 ITB 12 -5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ATTACHED: Copies of Pre -Bid Sign in sheets. INFORMATION: The 24" Force Main Pipe across Warren Street (sheet 13, STA 239 +45) will not be relocated in time for this construction. The contractor will have to plan on working around it as a live line. c: Shane Cox, Senior Project Manager 1 Memorandum 10C Email: RhondaCummings@colliergov.net Telephone: (239) 252-8941 FAX: (239) 252-6700 ADDENDUM #4 ael Dunn, vice President Date: December 1'3, _20`11 7 From: Rhonda Cummings, FCCN, CPPS, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 — ITB 12-5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: INFORMATION: Add a slot for vendors to upload "Other Bid Documents". c: Shane Cox, Senior Project Manager 1 Memorandum Email: RhondaCummings@colliergov.net Telephone; (239) 252-8941 FAX: (239) 252-6700 ADDENDUM #5 10C I chael Dunn, Vice President Date: December 21, 2011 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject Addendum # 5 — ITB 12-5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CORRECTION: Change item #400-4-1: Concrete Class IV (Box Culverts) quantity from Q4 CY to 293 CY Change item #415-1-4: Reinforcing Steel (Box Culverts); quantity from 43,936 LBS to 52,448 LBS ADD: Corrected Excel Spreadsheet c: Shane Cox, Senior Project Manager 0 .b Deulernu w1ulac0• ....."....ter.. - - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 10C INDICATED. NOTWITHSTANDING ANY REQUIREMENT. OP ID: GF '4c R °� CERTIFIC TE OF LIABILITY INSURANCE °� 121 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR .. TYPE OF OISURAHCE - -- -- POOL 211°11 THIS CERTIFICATE IS ISSUED AS A MATTER F INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY O NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANC DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE FICATE HOLDER. IMPORTANT: If the certificate holder is an AD MONAL INSURED, the policy(tes) must be endorsed. H SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain 1 olides may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . 1 PRODUCER 2 9 -3232 CONTACT Bouchard-Fort Myers 8191 College Pkwy Suite 202 239- 489-10 PRONE I FAX _ No. �}; !_�C Nol: _._.. . Fort Myers, FL 33919 Richard V. Callglud AUTOMOBILE LIABILITY ADDRESS: PRODUCER _CUSmnsEa>n�LODGE -1 _ -- . comet EDSINGLE LIMIT ! S 1,000,00 A X ANYAIrIO e SUff:!(SI AFFORDING COVERAGE NAIC I.. INSURED Lodge Construction, Inc. j INSURER A:Ametrisure Insurance Compaq" 119488 2161 McGregor Blvd. #B PROPERTY DAMAGE $ INSURER 6: Amerisure Mutual Insurance Co _ 12_3396 Fort Myers, FL 33901 (Peracaderd) - -- - -_ -- INSURER C: Houston Casual Com -an F42374 ty - —per - - - -- . $ INSURER D, - -- $ INSURER E : - .-- - -- . .b Deulernu w1ulac0• ....."....ter.. - - 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 OISURAHCE - -- -- POOL POLICY PO LIMITS LIMITS POLICY NUMBER i GENERAL LIABILITY I ACCORDANCE WITH THE POLICY PROVISIONS. EACH OCCURRENCE $ 1,000,00 A X CO,a,PI�TeI GENERALLUIBILITY X X CPP13280591 01101!11 01101112 _ --- _ �A.T�GEfi61T- ISES (Ea.pFarrence} $ 300,00 CLAIM54A OE LX 1 occuR I j MED EXP (Any ase person} s -- 10,00- X ;INCLUDES XCU AND I PERSONAL 3ADV INJURY $ 1,000,00 X iCONTRACTUALLIAB 1 GENERAL AGGREGATE. -- -- s __ - - - -- 2,000,00 GENL AGGREGATE LIMIT APPLIES PER I PRODUCTS - GOMPlOP AGG 2,000,00 POLICY X � 1 Loc Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY I -. . comet EDSINGLE LIMIT ! S 1,000,00 A X ANYAIrIO CA20SIS490401 01101111 01101M2 80DILYaUURY(Perpersa,j l $ - - - - -- -(Per — ALL ONREDAUTOS j �BODIL Y I_-J..l. RY. acri dent) $ _- --------.___.— SCHEDULED AUTOS PROPERTY DAMAGE $ V HIREDAUfOS (Peracaderd) - -- - -_ -- X NDNovwEDAUTOS $ i i $ X UMBRELLAUaB X OCCUR I EACH OCCURRENCE $ 8,000,00 — EXCESSLIAB MADE ctalMS A - -- I ICU200660608 01101111 01101112 AGGREGATE 8,000,00 __. -.... - - -- -- — $ - -- - - $ -I� X I REPENTM $ YYORKERSCOMPENSATION I X I WCSTATIU. OTH: TORY LIMITS. I ER B AND EMPLOYERS' LIABILITY ANY PROPRIETOwPARTwER�cECtmVE Y� WC2042472 01101111 01101/12 . F-L EACH ACCIDENT $ 1,000,00 (Ma�r Ind DEt� N r A I E- LDISEASE- EABAKOY_EE S 1,000,00 DESCRIPrKINOF OPERATIONS below _— E.L DISEASE -POLICY LIMIT � $ 1,000,00 C (PROFESSIONAL LIABI HCC1060567 -DED $50,000 10115110 f 01101112 LIMIT 1.000,00 INLAND MARINE iCPP13280591 -DED $1,000 01/01111 � 01101112 LIMIT SEE DESC pB�s g Ado GOLLI�tDGOU InGO��IE:FiCNAENT IS AJAJoI aCNALLINSURED AS RESPECT3fGE�la�RAL�4i LIABILITY. WAIVER OF SUBROGATION APPLIES IN FAVOR OF COLLIER COUNTY GOVERNMENT AS RESPECTS GENERAL LIABI . /- c0Tle7f -ATC uni n=O I reWrcl I ATTrM ®1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY GOVERNMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ADMINISTRATIVE SERVICES ACCORDANCE WITH THE POLICY PROVISIONS. DIVISION PURCHASING AUTHORRED REPRESENTATIVE 3327 TAMIAMI TRL E NAPLES, FL 34112 1 ®1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 10L THIS ENDORSEMENT S TECH POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES onr.rry PuSNf3R Nf7MHERe 21 POLICY NUMBER CA 20515490401 POLICY CHANGES 11/02/2011 EFFECTIVE COMPANY AMERISURE INSURANCE COMPANY ACCOUNT NUMBER 10770971 POLICY PERIOD 01/01/2011 to 01/01/2012 GROUP NAME GROUP NUMBER NAMED INSURED LODGE CONSTRUCTION, INC. 2151 MCGREGOR BOULEVARD SUITE B FORT MYERS, FL 33901 AUTHORIZED REPRESENTATIVE BOUCHARD INSURANCE, INC. 0825400 -15 COVERAGE PARTS AFFECTED COMMERCIAL AUTOMOBILE Total Policy Premium: CHANGES ❑ 1 Insured's Name to Minimum: ❑ Insured's Mailing Address 131 Policv Number ❑ Company ❑ Effective/ Expiration Date ❑ Insured's Legal Status /Business of Insured ❑ Payment Plan ❑ Premium Determination ❑ Additional Interested Parties ❑ Coverage Forms and Endorsements ❑ Limits/Exposures ❑ Deductibles ❑ Coveredpro ert /Location Description ❑ Classification /Class Codes ❑ 1 Rates ❑ Underlying Insurance DESCRIPTION OF CHANGE: EARLIER NOTICE OF CANCELLATICR FORM IL 7045 0507 IS ADDED AND ATTACHED. THE ABOVE AMENDMENTS RESULT A CHANGE IN THE PREMIUM AS FOLLOWS: NO CHANGES r7 TO B ADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM AT A IT This endorsement reflects a net remium change Total Policy Premium: Taxes and Surcharges: Balance to Minimum: AUTHORIZED REPRESENTATIVE SIGNATURE IL 70 44 07 08 Includes copyrighted material of Insurance Services 11/10/2011 ffice, Inc. with its permission. Insurance Services Office, Inc., 2004 AGENT COPY 10C F rms-and Endorsements Schedule Policy Number: CA 20515490401 Effective Date: 01/01/2011 Named Insured: LODGE CONSTRUCTION, INC. Form Number Description IL7045 (05/07) Earlier Noti a of Cancellation-provided by Us IL DS 71 01 09 06 1 Page 1 of 1 THIS Number of Days Notice 30 For any statutorily permitted reason other thr number of days shown In the Schedule above If this policy Is cancelled by us we will send ih number of days notice shown above. Name of Person or Organization COLLIER COUNTY GOVERNMENT Mailing Address ADMINISTRATIVE SERVCIES DIV 3327 TAMIAMI TRAIL E NAPLES FL 34112 IL 70 45 05 07 10C CHANGES THE POLICY. PLEASE READ R CAREFULLY. ER NOTICE OF CANCELLATION PROVIDED BY US n nonpayment of premium the number of days required for notice of cancellation is increased to the j Named Insured and any party listed in the following schedule notice of cancellation based on the PURCHASING Schedule AMERISURE INSURANCE COMPANY NCCI Code No. 11525 WORKERS' C MPENSATION AND EMPLOYERS' LIABILITY GENE AL CHANGE ENDORSEMENT NO. 13 10C POLICY NUMBER AGENCY 14UMBER POLICY EFFECTIVE POLICY EXPIRATION ISSUE DATE WC - 2042472 -04 0825400 01/01/2011 I 01101 /2012 I 1 1 /10/2011 ACCOUNT NUMBER AGENCY 10770971 BOUCHAR9 INSURANCE, INC. INSURED LODGE CONSTRUCTION, INC. 2161 MCGREGOR BOULEVARD SUITE 8 FORT MYERS, FL 33901 The policy to which this endorsement is attached is amended as shown below: Effective: 11/02/2011 EARLIER NOTICE OF CANCELLATION F RM IL 7045 0507 IS ADDED AND ATTACHED, This endorsement reflects a net ann al premium change of: $0 Below is the policy summary as am nded with this endorsement. Deposit Premium Change: $0 SEE EXTENSION OF INFORMATION PAGE EXPENSE CONSTANT TOTAL ESTIMATED ANNUAL PREMIUM DEPOSIT PREMIUM" 35.294 200 35.494 0 POLICY MINIMUM PREMIUM 11000 TOTAL PREMIUM DISCOUNT -2,611 AGENT COPY I Countersigned by WC000001A roc d'3MeriS1ffIEF AMERISURE NSURANCE COMPANY NGCI Code No. 11525 IrAwn-ance i WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY issuing Office ST PETERSBURG BRANCH POLICY NUMBER Renewal of I Agent Producer WC -2042472.04 WC -2042472-03 i 0825400 BOUCHAR D INSURANCE, INC, Item 1. Name of Insured and Address - Other VvIorkplaces Not Shown Individual Partnership Ham (See Extension to the Information Pago) t Corporation or LODGE CONSTRUCTION, INC. 2161 MCGREGOR BOULEVARD FED NO. 650021668 SUITE 8 FORT MYERS, FL 33901 INTRA NO. FL 094493447 INTER NO. CUSTOMER NO. 10770971 GROUP- POLICY EXTENSION OF INFORMATION PAGE - ITEM 3D SCHEDULE PAGE 2 ENDORSEMENT SCHEDULE PAGE 1 STATE NUMBER DESCRIPTION EDITION DATE THE FOLLOWING C,HANGES, IF ANY, HAVE BEEN MADE TO THIS SCHEDULE I IL 70 45 05 07 EARLIER NOTICE OF CANCELLATION PROVIDED BY US 0510112007 Issue Date 11/10/2011 AGENT COPY 10C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES DMT.T(IV r-aAWMV kTrrM==V. i POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY CU 20066060801 11/02/2011 AMERISMRE INSURANCE COMPANY ACCOUNT NUMBER POLICY PERIOD GROUP NAME 10770971 01/01/2011 t6 01/01/2012 GROUP NUMBER NAMED INSURED AUTHORIZED REPRESENTATIVE LODGE CONSTRUCTION, INC. BOUCHARD INSURANCE, INC. 161 MCGREGOR BOULEV,'-RZ 0825400-125 SUITE B FORT MYERS, FL 33901 COVERAGE PARTS AFFECTED UMBRELLA -1-31 CHANGES I-nsured's Name 13 t Insured's Mailing Address ❑ i Policy Number 0 Company 0 Effective/Expiration Date T. Insured's Legal StaLus/Business of Insuredl ❑ Payment Plan 0 11 Premium Determination �di-innal Interested Partiel n roveracre Forms and Endorsements ❑ Deductibles ❑ CoveredProperty/Loc- ation Description ❑ Classification/Class Codes Rates Underlying Insurance - - _.. - -- DESCRIPTION OF CHANGE; ADDING FORM IL 70 45 05 07 EARLIER NOTICE 07 CANCELLATION PROVIDED BY US IN FAVOF OF COLLIER COUNTY GOVERNMENT AS ATTACHED. THE ABOVE AMENDMENTS RESULT IN AICHANGE IN THE PREMIUM AS FOLLOWS: . . .............. X NO CHANGES TO BE ADJUSTED ADDITIONAL PREMIUM PREMIUM RET AT AUDIT' p This endorsement reflects a net pr change et, um Total Policy Premium: Taxes 4d Surcharges.: Balance to Minimum-. AUTHORIZED REPRESENTATIVE SIGNATURE IL 70 44 07 08 Includes cop righted material Of Insurance Services 11/08/2011 Off�ce, Inc. with its -parmiSsion. Insurance Services Office, Inc., 2004 AGENT COPY 10C Policy Number: Named insured; Porm Number 1 704 (05/07) Forms and Endorsements Schedule CU 200660608011 Effective Date: 01101/201.1 LODGE CONSTRUCTION, INC. Descrintion Earlier Notice bE Cancellation Provided by Us I IL BS 71 01 05 06 Page 1 of 1 THIS Number of Days Notice 3 0 ZSEME CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARL ER NOTICE OF CANCELLATION PROVIDED BY US For any statutmly permitted reason other than number of days shown in the Schedule above. If this policy is cancelled by us we will send the number of days notice shown above. Name of Person or Organization COLLIER COUNTY GOVERNMENT Mailing Address ADMINISTRATIVE SVCS DIVISION 3327 TAMIAMI TRAIL E NAPLES, FL 34112 It. 70 45 05 07 10C r of premium the number of days required for notice of cancellation is increased to the Insured and any party listed in the following schedule notice of cancellation based on the Schedule THIS CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Palicv Chance Number 20 POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY CPP1328059 -12 1110=011 AME€tISURE INSURANCE COMPANY Direct Bill No.: Group No.: POLICY PERIOD From 01/0112011 To 0110112012 i Account No.: 10770371 NAMED INSURED I AUTHORIZED REPRESENTATIVE LODGE CONSTRUCTION, INC. i BOUCHARD INSURANCE, INC. 2161 MCGREGOR BLVD., #B FORT MYERS, FL 33901 PRODUCER CODE: 825400 E COVERAGE PARTS AFFECTED ENTIRE I CHANGES ADDING FORM IL 70 45 05 07 EARLIER NOTICE OF CANCELLATION PROVIDED BY US IN FAVOR OF COLLIER COUNTY GOVERNMENT AS ATTA HED. NO CHANGE IN PREMIUM. t I E i { 1110812011 -JW I { l i Authorized Representative Signature i Copytighl, Insurance Services Office, Inc., 1983 A•3188 (12.8 8) Copyright, ISO Commercial Risk Services. Inc., 1983 10C THIS Number of Days Notice 30 CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ER NOTICE OF CANCELLATION. PROVIDED BY US 10C For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. Name of Person or Organization COLLZI ER COUNTY GOVFRNMF—?4T Mailing Address ADMINISTRATIVE SVCS 3327 TAMI.A117 TRAIL F NAPES, FL 34112 IL 70 45 05 07 R PUROIASING Schedule 10C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLlE� NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice __4_01 For any statutorily permitted reasonother11han nonpayment of premium, the number of days required for notice of cancellation is increased to the number of days shown iI the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party fisted in the following schedule notice of cancellation based an the number of days notice shown above. SCHEDULE Name of Person or Organization COLLIER COUNTY GOVERNMENT Mailing Address ADMINISTRATIVE SERVICES DIV PURCHASING 3327 7AMIAMI TRAIL E NAPLES FL 34112 IL 70 45 05 07 r 10C Purchasing January 11, 2012 Michael Dunn, President Lodge Construction, Inc. 2161 McGregor Blvd. Fort Myers, FL 33901 Dear Mr. Dunn: Your firm submitted bid 12 -5817 LASIP Naples Manor North Canal Stormwater Improvements on the incorrect Bid Schedule. Addendum #5 was issued and acknowledged by your firm that corrected the quantities of two items, 400 -4 -1 from 229 CY to 293 CY and 415 -1 -4 from 43,036 CY to 52,448 CY which increased your bid from $1,004,145.06 to $1,076,737.62. Although you acknowledged the changes via the addendum, the corrected bid schedule was not submitted. I spoke with your estimator, Tammy Kaminsky, and she confirmed that the unit price would not change as the quantities increased. Please complete the correct bid schedule and submit back to me with your signature to move the contract process forward. T ank you. T� J'JRonda Cummings, F cN, CPPB Procurement Strategist Collier County Government Cc: Shane Cox, Senior Project Manager - AumhawV Oepaitmerd- 3301 Tamiarnr Trait East • Naples, Florida 34112 , www.coltiergov.neltpurchas ng r� BID SCHEDULE 0 V r Napies Manor Notch Canal. Stormwater Improvements Bid No. 12 -5817 Pay Item Description Unit Quantity Unit Cost Total Cost RoadwaytCanal P.P] 111112W 101-1 Mobilization LS 1 $ 98275.11 $ 98,275.11 [102 -1 Maintenance of Traffic LS 1 $ 3.528:00 $ 34528.00 104 -10 -3 iSediment Barrier LF 6174 $ 0,73 $ 4.507:02 104 -11 Floating TurUcfity Barrier LF 889 $ 8.27 $ 7;352:03 . 104 -18 Inlet Protection System EA 2 $ 52.00 $ 104.00 110 -1 -1 Clearing & Grubbin 14 Ac LS: 1 $ 51.080.24 $ 51;080.24 110-7 Relocate Existing Mailbox. EA 1 $ 41:60 $ 41.60 120 -1 Excavation. Regular CY 19377 $ 5:85 $ 113,355,45 120-6 Embankment CY 8383 $ 10.38 $ 87:015.54 160-4 Stabilization T B I LBR40 SY 359 $ 6:37 $ 2:286.83. 285 -701 Optional Base Group 1 {4" Limerock (Roadway) SY 9924 $ Sol $ 59.643.24 285 -706 Optional Base Group 6 8" Limerockl (Roadway) SY 276 $ 22.42 S 6.187:92 334 -1 -11 Superpave Asphaltic Concrete Traffic B 1" TN 4.6 $ 452.17 $ 2,079.98 334 -1 -12 Superpave.Asphaltic Concrete raffic.13 (2" ) TN 30.3 $ 205.94 $ 6.239.98 400 -1.15 Concrete Class l Misc (Contingency Item CY 5 $ 2x8.00 $ 1,040.00 400 -4-1 Concrete Class IV (Box.Guiverts ) CY 293 S 945;40 $ 277,002.20 415 -1-4 Reinfordn Steel Box Culverts LB 52448 $ 1.27 $ 66.608:96 425-1 -521 Inlet. Ditrh Bottom (Type C) <10') EA 2 $ 959.92 $ 1.919.84 425 -2-41 Manhole P -7 EA 2 $ 2,055.04 $ 4.110.08 425 -10 Yard Drain EA 1 $ 208.00 $ 208.00 430- 175 -116 Pi Culvert O nal Material RCP 18" LF 168 $ 37.19 $ 6.247.92 430 - 175 -13.6 Pi Culvert (Optional Material RCP 36" LF 34 $ 91.60 S 31114.40 430. 175 -142 Pioe,CulVert ' Qptjon.l Material RCP 42" LF 89 $ 95.23 g 8.475:47 430 -175 -218 Pipe Culvert (Optional Material ERCP 14 "x23" LF 22 $ 37.55 $ 626.10 430 -175 -224 Pipe Culvert (Optional Material ERCP 19 "x30" LF 26 $ 66,49 $ 1,72834 430 - 963.2 PVC R ' for Back of Sidewalk, Non - Standard Diameter 1'2" LF 12 $ 26:00 $ 312.00 430 -982 -125 Mitered End Section (Round) 18" EA 8 $ 475.28 $ 3;802:24 430. 982 -138 1 Mitered End Section (Round) 36" E.A 2 $ 1,190.80 $ 2.381.60 430. 982 -140 IMitered End Section Round 42) EA 6 $ 1;640:08 $ 91840.48 430- 982 -625 IMItered End Section: ((Other) 0 4 "x23" EA 2 $ 585.52 $ 1,171:04 430- 982 -629 Mitered End Section (Other) 19 "x30" EA 1 $ 758.16 5 758.16 500 -A Waterman Industries:Slide Gate LS 1 $ 18.200:00 $ 18.200:00 515 -1 -1 Pipe Handrail - Guiderail(Steel ) LF 20 $ 58.24 $ 1,164,80 524 -A Armorflex Open-Cell Block Mat 30S Class SY 1753 $ 58.59 $ 102,708.27 524 -1 -1 Concrete Ditch Pavement (Non- Reinforced) 3" SY 41 S 73.29' $ 3.004:89 530 -3.4 Rip Rap Rubble Ditch.Linin TN 642.0 S 36.57 S 23,477..94 536-73 Guardrail Removal LF 25 S 5.20 $ 130.00 536 -85.25 Guardrail End Anchorage Assembly II EA 1 $ 1.560.00 $ 1.560.00 550.10 -210 Fencing B 0- 5.0"Hei ht LF 564 S 9.15 $ 5.160.60 550 - 10-220 Fencing B 6.1 -6:0' Hei ht LF 93 $ 18.64 $ 1 .547.52 550 -60 -211 Fence Gate B: 0-6A` O nin EA 1 S 312.00 $ 312.00 550- 60-223 Fence Gate B Double (12.1 -18:0' Opening) EA 3 $ 468.00 $ 1:404.00 370.1 -2 Performance Turf Sod SY 26745 $ 1.69 $ 45,199.05 571 -1 -11 Plastic Erosion Mat SY 1470 $ 5.36 $ 7,879:20 580 -A Eucalyptus Mulch CY 66 $ 41.60 $ 2,745.60 580 -1 -2 Landscape Shrubs EA 283 S 50..35 $ 14:249:05 700-20-11 Single Post Sion (F &I) Less than 12 S EA 10 $ 234:00 $ 2.340.00 706.3 Retro- reflective Pavement' Markers Bidirectional (White/Red) EA 46 S 4.16 S 191,36 706 -3 Retro�refiective Pavement Markers Bidirectional (Yellow) EA 38 $ 4.16 $ 158.08 711 -11 -121 Solid Traffic Stripe erma lastic (White) 6" LF 584 $ 1:04 $ 607.36 711 -11 -221 Solid Traffic Stripe ermo lastic ellow 6" LF 581 $ 1.05 $ 610:05 800-A Layout Surve LS 1 S 4,160,00 $ 4;160.00 800 -B As- Builts LS 1 S 8,683.68 $ 8.683:68 Grand Total $ 1.076.737.62 i' =Vf P.P] 111112W 10C BID SCHEDULE Naples Manor North Canal Stormwater Improvements Bid No. 12 -5817 by Item Descripdon 1113 ft ansa tx RIZILL11A Total Co& 101 -1 Mobilization LS 1 $ 98,275.11 $ 98,275.11 102 -1 Maintenance of Traffic LS 1 $ 3,528.00 $ 3,528.00 104 -10-3 Sediment Barrier LF 6174 $ 0.73 $ 4,507.02 104 -11 Floating Turbidity Barrier EA 889 $ 8.27 $ 7,352.03 10418 Inlet Protection System LS 2 $ 52.00 $ 104.00 110 -1 -1 Clearing & Grubbing (14 Ac) EA 1 $ 51,080.24 $ 51,080.24 110 -7 Relocate Existing Mailbox CY 1 $ 41.80 $ 41.60 120-1 Excavation, Regular CY 19377 $ 5.85 $ 113,355.45 120.6 Embankment CY 8383 $ 10.38 $ 87,015.54 160-4 Stabilization Type B (12') (LBR40) SY 359 $ 6.37 ' $ 2,286.83 285 -701 Optional Base Group 1(4' Limerock) (Roadway) SY 9924 $ 6.01 $ 59,643.24 285 -706 Optional Base Group 6 (8' Limerock) (Roadway) SY 276 $ 22.42 $ 6,187.92 3341 -11 Superpave Asphaltic Concrete CrrafBc B) (17 TN 4.6 $ 452.17 $ 2,079.98 334 -1 -12 Superpave Asphaltic Concrete (Traffic B) (2 ") TN 30.3 $ 205.94,$ 6,239.98 4OD -1 -15 Conaete Class I (Mist) (Contingency Item) CY 5 $ 208.00 $ 1,040.00 400 -4-1 Concrete Class IV (Box Culverts) CY 229 $ 945.40 $ 216,496.60 415 -1-4 Reinforcing Steel (Box Culverts) LB 43036 $ 1.27 $ 54,65532 425-1 -521 Inlet, Ditch Bottom (Type C) ( <10') EA 2 $ 959.92 $ 1,919.84 425 -2-41 Manhole (Type P -7) EA 2 $ 2,055.04 $ 4,110.08 425-10 Yard Drain EA 1 $ 208.00 $ 208.00 430 - 175 -118 Pipe Culvert (Optional Material) (RCP) (187 LF 168 $ 37.19 $ 6,247.92 430 - 175 -136 Pipe Culvert (Optional Material) (RCP) (367 LF 34 $ 91.60 $ 3,114.40 430- 175 -142 Pipe Culvert (Optional Material) (RCP) (42') LF 89 $ 95.23 $ 8,475.47 430. 175 -218 Pipe Culvert (Optional`Material) (FRCP) (14'x237 LF 22 $ 37.55 $ 826.10 430 - 175 -224 Pipe Culvert (Optional Material) (FRCP) (19 "x30) LF 28 $ 66.49 $ 1,728.74 430 - 963 -2 PVC Pipe for Back of Sidewalk (Non - Standard Diameter) (127 LF 12 $ 26.00 $ 312.00 430.982 -125 Mitered End Section (Round) (187 EA 8 $ 475.28 $ 3,802.24 430 - 982 -138 Mitered End Section (Round) (367 EA 2 $ 1,190.80 $ 2,381.60 430 - 982 -140 Mitered End Section (Round) (42") EA 6 $ 1,640.08 $ 9,840.48 430 - 982 -625 Mitered End Section (Other) (14'x237 EA 2 $ 585.52 $ 1,171.04 430 - 982 -629 Mitered End Section (Other) (19'x30) EA 1 $ 758.16 $ 758.16 500-A Waterman Industries Slide Gate LS 1 $ 18,200.00 $ 18,200.00 515 -1 -1 Pipe Handrail - Guiderall (Steel) - LF 20 $ 58.24 $ .1,164.80 524 -A Armorflex Open Cell Block Mat (30S Class) SY 1753 $ 58.59 $ 102,708.27 524 -1 -1 Concrete Ditch Pavement (Non- Reinforced) (37 SY 41 $ 73.29 $ 13,004.89 530 -3-4 Rip Rap (Rubble) (Ditch Lining) TN 642.0 $ 36.57 $ 23,477.94 536-73 Guardrail Removal LF 25 $ 5.20 $ 130.00 536 -85-25 Guardrail End Anchorage Assembly (Type 11) EA 1 $ 1,560.00 $ 1,560.00 550. 10-210 lFencing (Type B) (0 -S.0' Height) LF 564 $ 9.15 $ 5,160.60 550. 10-220 IFendng ('type B) (5.1 -6.0' Height) LF 93 $ 16.64 $ 1,547.52 12/27/20111.'01 PM 10C BID SCHEDULE Naples Manor North Canal Stormwater Improvements Bid No. 12 -5817 pax Item D uletioe ]ja(t flUgaliJC Unit Cost T4�LG4gt 550$0 -211 Fence Gate (Type B) (0 -6.0' 0 ning) EA 1 $ 312.00 $ 312.00 550-60 -223 Fence Gate (Type B) (Double) (12.1 -18.0' Opening) EA 3 $ 468.00 $ 1,404.00 570 -1 -2 Performance Turf (Sod) SY 26745 $ 1.59 $ 45,065.33 571 -1 -11 Plastic Erosion Mat SY 1470 $ 5.38 $ 7,879.20 580-.0 Eucalyptus Mulch CY Be $ 41.60 $ 2,745.60 580-1 -2 Landscape Shrubs EA 283 $ 50.35 $ 14,249.05 700 -20-11 Single Post Sign (F&I) (Less than 12 SF) EA 10 $ 234.00 $ 2,340.00 706 -3 Retro- reflective Pavement Markers (Bidirectional) (White /Red) EA 46 $ 4.16 $ 191.36 706-3 Retro- reflective Pavement Markers (Bidirectional) (Yellow) EA 38 $ 4.16 $ 158.08 711 -11 -121 Solid Traffic Stripe (Thermoplastic) (White) (6") LF 584 $ 1.04 $ 607.36 711 -11 -221 Solid Traffic Stripe (Thermoplastic)(Yellow) (6') LF 581 $ 1.05 $ 610.05 800 -A Layout5urvey LS 1 $ 4,160.00 $ 4,160.00 800-8 As- Builts LS 1 $ 8,683.68 $ 8,683.68 Totals $ 1,004,145.06 12%27/20111.01 PM 10C CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Lodge Construction, Inc. ( "Contractor ") of 2161 McGregor Blvd., Fort Myers, FL 33901 a corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with LASIP — Naples Manor North Canal Stormwater Improvements, Bid No. 12 -5817 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Pitman Hartenstein and Associates, the Engineer ( "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 ($1,076,737.62), in accordance with the terms of this Agreement: One Million Seventy Six Thousand. Seven Hundred Thirty Seven Dollars and Sixty Two Cents. 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 31 Construction Services Agreement: Revised 6/112011 10 underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred Ninety (190) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Two Hundred Twenty (220) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated. by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Two Hundred Eighty Eight Dollars ($1,288) for each calendar day thereafter until 32 Construction Services Agreement: Revised 6/112011 10C Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and 33 Construction Services Agreement: Revised 6/1/2011 10C accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Pitman - Hartenstein and Associates and identified as follows: Naples Manor North Canal Stormwater Improvements as shown on Plan Sheets 1 through 57. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Collier County Purchasing Department Stephen Y. Carnell, Purchasing Services Director 3327 Tamiami Trail East, Naples, FL 34112 239/252 -8371 34 Construction Services Agreement: Revised 6/112011 10C 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: Lodge Construction, Inc. 2161 McGregor Blvd., Fort Myers, FL 33901 239 - 332 -4371 Telephone Number; 239 - 332 -0218 Fax Number Micheal Dunn, Vice President 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. 35 Construction Services Agreement: Revised 6/1/2011 10C 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. 36 Construction Services Agreement: Revised 6/1/2011 loc 37 Construction Services Agreement: Revised 6/1/2011 10C IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS On Type /Print Na 0" , 6 � — 'TON11 WITNESS e Type /Print Name Date: ATTfi lA . Dwi E Brock,- , lerk Appr-o4ed As To Form agS Legal S ffic' n y: Prin ame: SCOTT R. TEACH Assisfm it County Attorney ,tip CONTRACTOR: Construction, Inc. Type /Print Name an Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairman Ifnn # 1 .V �a LSE jt2- 2 38 Construction Services Agreement: Revised 611/2011 0 10C :s FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO. SU1103141 CONTRACTOR: Lodge Construction, Inc. 2161 McGregor Blvd., #A Fort Myers, FL 239- 332 -4371 SURETY: Arch Insurance Company 3 Parkway, Suite 1500 Philadelphia, PA 19102 215- 606 -1621 AGENT: Nielson, Wojtowicz, Neu & Associates, Inc. 1126 Central Avenue, Suite 200 St. Petersburg, FL 33705 (727) 209 -1803 OBLIGEE: The Board of County Commissioners of Collier County, Florida 3327 Tamiami Trail E. Naples, FL 34112 239 - 252 -8941 PROJECT: 12 -5817 LASIPP- Naples Manor North Canal Stormwater Improvements; SEC 20,29 TWP 50S RGE 26E Collier County, FL EXHIBIT A 1: PUBLIC PAYMENT BOND roc LASIP - Naples Manor North Canal Stormwater Improvements Bond No. SU1103141 Contract. No. 12 -5817 KNOW ALL MEN BY THESE PRESENTS: That Lodge Construcion, Inc. as Principal, and Arch Insurance Company , as Surety, located at 3 Parkway Suite 1500 Philadelphia, PA 19102 (Business Address) are held and firmly bound to * see below as Obligee in the sum of ** see below ($ 1, 076, 737. 6 for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ay of :::!0'ny0.c'u1 2012, with Obligee for ** *see below in Collier County, FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2012, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. *The Board of County Commissioners of Collier County, Florida ** One Million Seventy Six Thousand Seven Hundred Thirty Seven Dollars and Sixty Two Cents. * ** LASIP- Naples Manor North Canal Stormwater Improvements 39 Construction Services Agreement; Revised 6/1/2011 Signed, sealed and delivered in the presence of: as to Principal STATE OF _ COUNTY OF BY: NAI ITS 10C PRINCIPAL The foregoing instrument was acknowledged before me this �_ day of a 2O_V; , by rM:c)Nc, -��>a as V _ gs c_ , a��;�.� corporation, on behalf of the corpo tion. He /she is p ir;s;j onally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: k-9-( 1-11 -) o ka, ,!-,V%",' Commission DD791090 ,A= Expires June 17, 2012 .• p i � Banded Thru Troy Fain Insumr- SO11.38`r7079 (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) NAME: « !E- �� (Legibly Printed) Notary Public, State of �rl� Commission SURETY: Arch Insurance Company (Printed Name) 3 Parkway, Suite 1500 Philadelphia, PA 19102 (Business Address (Authorized Signature) (Printed Name) 40 Construction Services Agreement: Revised 6/1/2011 MIQ� OR a—rgi e—Sthul z CZ Witnesses Rita zarides STATE OF Florida COUNTY OF Pinellas 10C act J(A ch Power of Attorney) Kevin Woltowicz (Printed Name) 1126 Central Ave.„ Suite 200 St Petersburg, FL 33705 (Business Address) 727 - 209 -1803 (Telephone Number) The foregoing instrument was acknowledged before me this 2 day of February , 2012, by Kevin Wojtowicz , as Attorney -in -Fact Of Arch Insurance Company Surety, on behalf of Surety. He/She is personally known to me OR has produced known -as identification andjwho did (did not) take an oath. My Commission Expires: Na (AFFIX OFFICIAL SEAL) (Sig (Legibly Printed) Notary. Public, State of: Commission No.: 41 Construction Services Agreement; Revised 6/1/2011 CATHY M. KNOKE - -- =ri MY CONWISSION = DID i59u?0 EXPIRES: September 13, 2012 Tnru Notary i'uutic UndermrtFxe 41 Construction Services Agreement; Revised 6/1/2011 10C EXHIBIT A 2: PUBLIC PERFORMANCE BOND LASIP - Naples Manor North Canal Stormwater Improvements Bond No. SU1103141 Contract No. 12 -5817 KNOW ALL MEN BY THESE PRESENTS: That Lodge Construction, Inc. as Principal, and Arch Insurance Company as Surety, located at 3 Parkway, Suite 1500 Philadelphia, PA 19102 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County , as Obligee in the sum of *see below ($1, 076, 737.62 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 914' day of Tn.Lnoex LA 2012, with Obligee for * *see below in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, _ hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. *One Million Seventy Six Thousand Seven Hundred Thirty Seven Dollars and Sixty Two Cents 42 * *LASIP— Naples Manor North Canal Construction services Agreement: Revised 8 /1/2011 Stormwater Improvements 10C In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 3 day of 2012, the name of each party being affixed and these presents duly signeN by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: as to Principal STATE OF COUNTY OF l.. .:I Lodavf-o-nst,ruction, Inc. NAME: ITS: \► �� s'.� The foregoing instrument was acknowledged before me this -�_ day of c 2012, by as szz of a corporation, on b aIf of the corpor tion. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: t,( n i-)— ••1' '0i:: DENISE E. HODGE Commission DD 791090 Expires June 17, 2012 Bonded Thru Tmy Fain Inswance 800.385.7019 aaa (AFFIX OFFICIAL SEAL) r7� Q9inature) Nam ' (Legibly Printed) Notary Public, State of:a ae : .tll _ Commission1ylzla Q 43 Construction Services Agreement: Revised 6/1/2011 10c ATTEST: SURETY: Witnesses as to Surety Margie chulz Witnesses Rita Uzarides STATE OF Florida COUNTY OF Pinellas Arch Insurance Company (Printed Name) 3 Parkway, Suite 1500 Phi 1 adel n i a f PA l C)1 02 (Business Address) (Authorized Signature) (Printed Name) OR me act (Alta Power of Attorney) Kevin Woltowicz (Printed Name) 1126 Central Ave., Suite 200 St. Petersburg, FL 33705 (Business Address) 727 - 209 -1803 (Telephone Number) The foregoing instrument was acknowledged before me this 2 day of February ,2012, by Kevin Wojtowicz ,as Attorney -in -Fact Of Arch Insurance Company , a Surety, on behalf of Surety. He /She is personally known to me OR has produced known as identification w o (did not) take an oath. My Commission .Expires: Z, 17. Ira (AFFIX OFFICIAL SEAL) ("ATH Y J. KN'�k�E 1r+iliiSS "A M) 89010 EX iP S E 6p Inb�e, 1"3 2012 n (Legibly Printed) Notary Public, State of: Commission No.: 44 Construction Services Agreement: Revised 8/1/2011 IOC AIC 0000021254 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company ") does hereby appoint: Charles D. Nielson, Charles J. Nielson and David R. Moover of Miami Lakes, FL (EACH) Brett Rosenhaus of Lake Worth, FL Arthur Lawrence Colley of Charlotte, NC Edward T. Ward, F. Danny Gann and Audria R. Ward of Carrollton, GA (EACH) Kevin Wojtowicz, John R. Neu and Laura D. Mosholder of St. Petersburg, FL (EACH) its true and #awful Attorney(s)in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90.000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative ofticeinJersey City, l w Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to- authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified, by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 45, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by;the Boardsof Directors on September 15, 2011, , and any such power so executed, sealed and certified with respect to arybond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML001 HG03 O3 Page 1 of 2 Printed in U.S.A. y9 10C AIC 0000021254 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 28`h day of November, 2011. Attested and Certified Arch Insurance Company �a t�7iKPKNtATE Sm ' 19n IiZ�J_.ils XSec_r STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS aj-_ David M. in a stein, Executive Vice President I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMOMnWWTHOFPENtMX "A NOTARIALS� ,. KATHLEEN MARCtNKLIS, Nou y Public City of Philaft1phis, Ids. Own Kathleen Marcinkus Not Public My commission expires 3/14/2014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 28, 2011 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of _------ _ ---- , 20__ —. artin J. Nils n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 15001 Philadelphia, PA 19102 iR ( / HCr OOM LOO 13 00 03 03 Page 2 of 2 Printed in U.S.A. 10 EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance 45 Construction Services Agreement: Revised 6/1/2011 10C 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. 46 Construction Services Agreement: Revised 6/1/2011 Collier County Florida Insurance and Bonding Requirements 10 l; 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 $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft noted: Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $_ • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability Per Occurrence Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 47 Construction Services Agreement: Revised 6/1/2011 10C 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Airport Authority or Collier MPO) 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 truction, Inc Print Name MicTiael Dunn Insurance Agency 96uchard -Fort Myers Agent Name Richard V. Caligiuri Date February 2, 2012 Telephone Number 23 9- 4 8 9 - 3 2 3 2 47 Construction Services Agreement: Revised 6/1/2011 10C 04 OP ID: GF CERTIFICATE OF LIABILITY INSURANCE DATE(M 02/001/12 1112 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 endorsements). PRODUCER 239 -489 -3232 Bouchard -Fort Myers 8191 College Pkwy Suite 202 239- 489 -1084 Fort Myers, FL 33919 Richard V. Caligiuri CONTACT PHONE FAX AIC No E-MAIL PRODUCER CUSTOMER ID : LODGE -1 INSURERS AFFORDING COVERAGE NAIC # INSURED Lodge Construction, Inc. 2161 McGregor Blvd. #B Fort Myers, FL 33901 INSURER A: Amerisure Insurance Company 119488 INSURER B: Amerisure Mutual Insurance Co 23396 INSURER C: Houston Casual Company 42374 INSURER D: EACH OCCURRENCE INSURER E : A INSURER F : X rrnvGCer -=c rCDTIFIreTF NI INIRMP- RFVI -SIGN NIIMRFR- 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 DDL UBR POLICY NUMBER MM/DD1 EFF MMIDD/YYYY LIMITS NAPLES, FL 34112 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X CPP13280591301 01/01112 01/01/13 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 10,00 CLAIMS -MADE a OCCUR PERSONAL BADVINJURY $ 1,000,00 X INCLUDES XCU AND X CONTRACTUAL LIAB GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PEP, PRODUCTS - COMP/OP AGG $ 2,000,00 lEmp Ben. $ 1,000,00 POLICY X PRO LOC A AUTOMOBILE _X LIABILITY ANY AUTO CA20515490401 01101/12 01/01/13 COMBINED SINGLE LIMIT Ea accident) (E $ 1,000,00 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ X NON -OWNED AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 B EXCESS LIAB CLAIMS -MADE CU200660608 01/01/12 01101113 DEDUCTIBLE $ $ X RETENTION $ WORKERS COMPENSATION X WC STATU- OTH- A AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA WC2042472 01101/12 01/01/13 E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT I $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A LEASED /RENTED EQUI CPP13280591 -DED $2,500 01/01!12 01/01/13 LIMIT 500,000 A INLAND MARINE CPP73280591 -DED 2 %1$1500 01/01/12 01101113 LIMIT SEE DESCR COLLIER COUNTYTIITS OFFICERS AND EMPLOYEES ARE Additional Remarks Schedule If is required) RESPECTS GENERAL LIABILITY. WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE CERTIFICATE HOLDER AS RESPECTS GENERAL LIABILITY. r FRTIFIrATF 4U11 nP:P CONCFI 1 OTInN COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COUNTY COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. ADMINISTRATIVE SVCS DIVISION AUTHORIZED REPRESENTATIVE 3327 TAMIAMI TRL E NAPLES, FL 34112 ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 10L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization, called an additional insured in this endorsement: 1. Whom you are required to add as an additional insured on this policy under a written contract or agreement relating to your business; or 2. Who is named as an additional insured under this policy on a certificate of insurance. However, the written contract, agreement or certificate of insurance must require additional insured status for a time period during the term of this policy and be executed prior to the "bodily injury", "property damage ", "personal injury', or "advertising injury" giving rise to a claim under this policy. If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. 3. If the additional insured is: (a) An individual, their spouse is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds. (c) A limited liability company, members and managers are also additional insureds. (d) An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: (a) Premises you own, rent, lease, or occupy, or (b) Your ongoing operations performed for that additional insured, unless the written contractor agreement or the certificate of insurance requires "your work" coverage (or wording to the same effect) in which case the coverage provided shall extend to "your work" for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or agreement. Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring after: (1) All work including materials, parts or equipment furnished in connection with such work on the project (other then service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or Includes copyrighted material of insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2003 CG 70 48 03 04 Page 1 of 2 10C q (2) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2. The limits of insurance applicable to the additional insured are the least of those specified in the written . contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also carry an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. 4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall have the benefit of the terms of this endorsement if the terms of this endorsement are broader. 5. - If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured status be provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below, are incorporated into this endorsement as respects such additional insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10 1185 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 CG 2010 11 85 The insurance provided to the additional insured does not apply to "bodily injury", "property damage ", "personal injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract, agreement, or certificate of insurance requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc. 2003 Page 2 of 2 CG 70 48 03 04 IQC 'WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "As needed by contract and shown on certificate of insurance on file with company" "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." "This endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.15016)of the Missouri Statues,a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications." • This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Hart Forms&Services Copyright 1983 National Council on Compensation Insurance. Reorder No.14-4888 10 C, POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST .OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. THE PREMIUM FOR THIS ENDORSEMENT IS INCLUDED. (if no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we. may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations '.or your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0+410 93 Copyright, Insurance Services Qffice, Inc., -1984 100 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 2011 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2012, by ,as of ,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.: 49 Construction Services Agreement: Revised 6/1/2011 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE Original Contract Time: Revised Contract Time: Bid No. _ Project No. Application Date (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) 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 $ 100 Project Name) 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) 50 Construction Services Agreement: Revised 6/1/2011 loc \ \ \ / \ < ) \ \ / kk� ( �I� k\ w� �rn LLI_ e« }{ r �< \ $ ( ujk 0 q \\ . az $2 ]% �/ em LU §5 } � §/ e2 M2 §k ew \/ §§ £f §) �� \ w LU { kL 2/ §IL /° §\ e %m/ .� �o k (n / .2 .\ GG 2% 6� ; 53 E m $ %e 2 §E �\ - = /kz 7 = ( § \j 2( LL 0/ 2 o ■. ° /c e` °f LU � <W gz % _ c ƒ 2� �@ 2 � j. LU Co / $ g= /\ W§ 22 eo \/ 2w j\ ca \ � k> \\a m 0 >o � / +) § =3 E ( \j § m \m S < 0 a� ® /2\ CL \ } #E CL o 0 7 m \aƒ L§ § / �� §ƒ\ . loc \ \ \ / \ < ) \ \ / W U m Q (u E O LL O v d N iv 'L l0 G as L O O U_ 0 r2 x W 1C) d) N y N N N N Q) Q N N U N cn C O U 0 U O i F _ W d R C co <C = R m O � •d yam+ CL C N N 7 d U C ea d N L a — a o CD L > M 'd a V W A � W y aL� d L _V d > E C Z 2 O w 'L v CD m w e� D 1C) d) N y N N N N Q) Q N N U N cn C O U 0 U TO: Project Name: Bid No. : Change Order No.: Change Order Description 10L 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 Date: Date: Date: Date: Date: Date: Date: 53 Construction Services Agreement: Revised 6/1/2011 Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Authorized by Director Date: Date: Date: Date: Date: Date: Date: 53 Construction Services Agreement: Revised 6/1/2011 (For use by Owner: Fund Number: ) Cost Center: Object Code: Project 1pC 54 Construction Services Agreement: Revised 6/1/2011 10C EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: Ire OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties- shall be as follows: 55 Construction Services Agreement: Revised 6/1/2011 RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: 10C 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 12011 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 12011 OWNER By: Type Name and Title ft 2011 56 Construction Services Agreement: Revised 6/1/2011 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All P h I t i t com leted on 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 10C 2012 unc is ems p Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: Finished Floor Elevation Certificate provided to Owner: Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor:, (Company Name) (Signature) (Typed Name & Title) By Design 57 Construction Services Agreement: Revised 6/1/2011 Professional: By Owner: 10C ,. (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 58 Construction Services Agreement: Revised 6/1/2011 10C 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; 59 Construction Services Agreement: Revised 6/1/2011 10C 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. 60 Construction Services Agreement: Revised 611/2011 100 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4.1 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. 61 Construction Services Agreement: Revised 6/1/2011 10C 4.3 Contractor shall submit all Applications for Payment to Pitman - Hartenstein and Associates, 12701 World Plaza Lane, located in Fort Myers, FL 33907. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 62 Construction Services Agreement: Revised 6/1/2011 10C 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. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal 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: 63 Construction Services Agreement: Revised 6/112011 (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 association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 64 Construction Services Agreement: Revised 6/1/2011 10C 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow 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. 65 Construction Services Agreement: Revised 611/2011 10C 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub- Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 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. 66 Construction Services Agreement: Revised 6/1/2011 10C 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 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 67 Construction Services Agreement: Revised 6/1/2011 10C deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time 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 68 Construction Services Agreement: Revised 6/1/2011 disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub- Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and 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 6s Construction Services Agreement: Revised 6/1/2011 10C Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight '(48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 70 Construction Services Agreement: Revised 6/112011 lOC 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended. 71 Construction Services Agreement: Revised 6/1/2011 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 Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or 72 Construction Services Agreement: Revised 6/1/2011 10C 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. 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 73 Construction Services Agreement: Revised 6/1/2011 IOU part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or -(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in 74 Construction Services Agreement: Revised 6/1/2011 10C 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 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. 75 Construction Services Agreement: Revised 6/1/2011 100 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor. submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materiaimen supplying 76 Construction Services Agreement: Revised 6/1/2011 10C 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, 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. n Construction Services Agreement: Revised 6/1/2011 10C 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, 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. 78 Construction Services Agreement: Revised 6/112011 10C 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and 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. 79 Construction Services Agreement: Revised 6/1/2011 10 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. 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. 80 Construction Services Agreement: Revised 6/1/2011 10C 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 ail construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all 81 Construction Services Agreement: Revised 6/112011 10 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; 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 82 Construction Services Agreement: Revised 6/1/2011 10 l: 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. 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 83 Construction Services Agreement: Revised 6/1/2011 IOU 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 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. 84 Construction Services Agreement: Revised 6/1/2011 10C 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales 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 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 85 Construction Services Agreement: Revised 6/1/2011 luu 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. 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. 86 Construction Services Agreement: Revised 6/1/2011 luc 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 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 87 Construction Services Agreement: Revised 6/1/2011 10f 10G The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS. An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `County' prior to installation or closure of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690 a$ Construction Services Agreement: Revised 6/1/2011 10C with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or 89 Construction Services Agreement: Revised 6/1/2011 l Gu state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 90 Construction Services Agreement: Revised 6/112011 100 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 1. 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. 91 Construction Services Agreement: Revised 6/1/2011 luc EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ 92 Construction Services Agreement: Revised 6/112011 U � NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS Technical Specifications For NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS Collier Co. Project No.: 51101 Collier Co. Work Order No.: 4500117601 Pitman - Hartenstein & Associates, Inc. PH&A No.: 20611.203 TECHNICAL SPECIFICATIONS NOVEMBER 2011 MANOR NORTH CANAL STORMWATER General Technical Specifications Inclusion of FDOT Standard Specifications Division II Construction Details and Division III Materials, of the 2010 Edition of the Florida Department of Transportation ( ".FDOT ") Standard Specifications for Road and Bridge Construction, as amended, shall apply to and form a part of this Contract as if fully written herein. Where a FDOT Section, is cited that contains references to other Sections, they shall also be included as though written herein. Revisions, deletions, and /or additions to the FDOT Standard Specifications are contained in the Technical Specifications included in this Project Manual. Where a reference is made to "Department" or "Department's Representative" in the FDOT Standard Specifications and Technical Specifications, it shall mean "Owner" or "Owner's Representative ", as applicable. Where FDOT Standard specifications refer to the "Engineer", "Engineer of Tests ", or "Division of Tests ", it shall be understood to mean the Engineer or the Owner as stated in the Contract Documents. Copies of the FDOT Specification Manual and Supplements can be obtained from: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hftp://www.dot.state.fl.us/specificationsoffice/ Method of measurement and basis of payment for material and work performed in conformance with the FDOT Standard Specifications and Technical Specifications shall be as indicated in the — BID SCHEDULE. The lump sum and /or unit cost bid shall be full compensation for labor, equipment, materials, and incidentals necessary to complete the Work in conformance with the Contract Documents. All Indexes are to be referenced from the 2010 Design Standards. TECHNICAL SPECIFICATIONS 2 NOVEMBER 2011 INDEX NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS Section 1 General Section 101 Mobilization Section 102 Maintenance of Traffic Section 104 Prevention, Control, and Abatement of Erosion and Water Pollution Section 110 Clearing and Grubbing Section 120 Excavation and Embankment Section 160 Type B Stabilization Section 285 Optional Base Course Section 334 Superpave Asphalt Concrete Section 400 Concrete Structures Section 415 Reinforcing Steel Section 425 Inlets, Manholes, and Junction Boxes Section 430 Pipe Culverts and Storm Sewers Section 500 Slide Gate Section 524 Concrete Ditch and Slope Pavement Section 524A Armorflex Open Cell Block Mat Section 530 Riprap Section 536 Guardrail Section 550 Fencing Section 570 Performance Turf Section 571 Plastic Erosion Mat Section 580 Eucalyptus Mulch & Landscape Shrubs Section 700 Highway Signing Section 706 Raised Retro - reflective Pavement Markers and Bituminous Adhesive Section 711 Thermoplastic Traffic Stripes and Markings TECHNICAL SPECIFICATIONS 3 NOVEMBER 2011 I NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 1 GENERAL 1. Measurement of Incidental Items: Items of construction which are not listed in the Proposal Form but which are required to provide a complete work, ready for acceptance and use in accordance with these Construction Documents and the applicable governmental general construction standards will not be measured for payment nor will additional payment be made for their completion. Such items specifically include, but are not limited to, miscellaneous adjustments to existing utilities, pipes, conduits, structures etc. unearthed during the construction, clean -up and restoration items, and general construction practices required to connect and complete the work ready for acceptance and use. Work under this category will be classified as incidental to the construction and all costs associated for this work shall be merged with the applicable bid items shown on the Proposal. 2. Construction Outside of Authorized Limits: No measurement nor payment will be made for surfaces constructed over a greater area than authorized, nor for material moved, removed or damaged from outside of the project R/W or drainage easements nor from areas outside of the lines shown on the plans except where such work is done upon prior written approval of Collier County. The Contractor shall make every effort to minimize the work zone and any inconveniences to the public. Implementation of trench boxes, trench supports, sheeting, temporary sheet piling, etc. shall be considered as incidental to the work being performed and no additional payment will be made. Items Included in Payments: The Contractor shall accept the compensation provided in the contract as full payment for furnishing all materials and for performing all work contemplated and embraced under the contract; also for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its final acceptance; also for all other costs incurred under the General Conditions, Special Conditions or other Sections of these Contract Documents. For any item of work contained in the Proposal, except as might be specifically provided otherwise in the basis of payment clause of the item, the contract unit price (or lump sum price) for the pay item or items shall include all labor, equipment, materials tools and incidentals required for the complete item of work, including all requirements of the Section specifying such item or work, except as specifically excluded from payments. 4. Definition of Excavation Related Items: When excavation related items are included in the contract unit prices they shall include, but not be limited to, all excavation, including removal of existing limerock base or other road base materials that may be found; dewatering; soil density and proctor testing; sheeting and shoring; backfilling and compacting suitable excavated materials; removal and disposal of unsuitable backfill material to a depth of 'h foot below the pipe or structure; removal and disposal of all excess excavation; furnishing, hauling, placement, backfill, and compaction of barrow material to replace unsuitable material to a depth of'/ foot below the pipe or structure, EXCEPT the cost for handling, testing and disposal or decontamination of petroleum contaminated soils. 5. Existing Utilities: Prior to excavating any section of the work, the Contractor shall call Sunshine State One Call at (800) 432 -4770 and request field location of underground utilities: When proceeding with the work, the contractor shall exercise caution to protect all underground and overhead utilities and existing structures from damage. Service must be maintained to existing properties unless prior approval is received from the County or the affected owner. The Contractor shall repair, at his own expense and to the satisfaction of the owner, any surface or subsurface improvement damaged during the course of the work (unless such improvement is shown to be abandoned or removed). Should any utilities be encountered that are not shown on the drawing, the Contractor shall immediately notify the Engineer and shall take whatever caution necessary to protect the utility. GENERAL 1 -1 10C NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS 6. Rock Excavation: Material to be excavated hereunder in trenches shall include earth, rock or any other material encountered in excavating to the depth and extent indicated on the drawings and herein specified-. Should rock, shale or masonry excavation be required which requires equipment, methods or materials significantly different than required for excavation of surrounding soil, the unit price of the rock excavation shall be negotiated with the OWNER prior to commencement of the work and a work directive by both the OWNER and Contractor shall be executed. Rock excavation shall be carried a minimum of 6" below the bottom of any pipe or structure. The excavation will be brought back to grade with crushed gravel. Rock excavation is herein described as that rock which must be removed by mechanical means other than through normal earth excavating, i.e., removal by pavement breakers, rams, explosives (if previously approved), etc. Rock excavation done with normal earth moving equipment, backhoes, etc., will not be included in this section. END OF SECTION 1 GENERAL 10L NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 101 MOBILIZATION DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications referenced below. FDOT Sections 101 -1 thru 101 -2. The contractor shall keep and maintain one (1) copy of all project plans, drawings, specifications, addenda, written amendments, change - orders, work directive orders, supplemental agreements and other written interpretations and clarifications, and shall be annotated by the Contractor to show updated construction deviations as well as design changes authorized by the Engineer during construction. The price and payment for Mobilization includes the preparation of the project Stormwater Pollution Prevention Plan and the filing of a Notice of Intent (NOI) and Notice of Termination (NOT). The Notice of Intent shall be filed prior to the first payment application. The Notice of Termination shall be filed prior to the Final payment. The price and payment for Mobilization includes preparing and filing a Collier County Right -of -Way permit. Collier County will pay the R/W permit application fee. The price and payment for Mobilization includes the costs associated with procuring any permits for dewatering that are for additional dewatering activities which are not specified in the dewatering permit obtained from the South Florida Water Management District for this project. The price and payment for Mobilization includes all job site set up including signage and sanitary facilities. The price and payment for Mobilization includes all labor and materials necessary for demobilization. METHOD OF MEASUREMENT Measurement of Section 101 shall be Lump Sum. BASIS OF PAYMENT Payment will be made under: Item No. 101 -1 Mobilization — lump sum END OF SECTION 101 MOBILIZATION 101 -1 10C NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 102 MAINTENANCE OF TRAFFIC DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications referenced below. FDOT Sections 102 -1 thru 102 -10. METHOD OF MEASUREMENT Measurement of Section 102 shall be Lump Sum. BASIS OF PAYMENT Payment will be made under: Item No. 102 -1 Maintenance of Traffic — lump sum END OF SECTION 102 MAINTENANCE OF TRAFFIC 102 -1 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPRIJUIC SECTION 104 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Sections 104 -1 through 104 -10 FDOT Section 104 -9. Pay Items will be made under: Item No. 104-10 - Item No. 104-11 - Item No. 104 -18 METHOD OF MEASUREMENT BASIS OF PAYMENT Sediment Barrier — per foot Floating Turbidity Barrier — per foot Inlet Protection System — each END OF SECTION 104 PREVENTION, CONTROL, AND ABATEMENT OF 104 -1 EROSION AND WATER POLLUTION roc NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 110 CLEARING AND GRUBBING DESCRIPTION The work specified in this Section shall conform to the Specifications as referenced below from the FDOT. FDOT Sections 110 -1 through 110 -12. All areas of excavation, embankment and structures shown on the plans shall be cleared and grubbed under this item. All debris and waste material from the clearing and grubbing operation shall be the responsibility of the contractor and shall be taken to an approved disposal site. Removal of any existing concrete, sand cement, rubble rip -rap, docks /piers, fencing, buildings, underwater debris, hedges /landscaping, etc. shall be included in the lump sum payment for Clearing and Grubbing. All work associated with exotic tree removal shall be included in the payment for clearing and grubbing. METHOD OF MEASUREMENT Measurement of Clearing and Grubbing will be Lump Sum. BASIS OF PAYMENT Pay Items will be made under: Item No. 110 -1 -1 Clearing and Grubbing — lump sum Item No. 110 -7 Relocated Existing Mailbox - each END OF SECTION 110 CLEARING AND GRUBBING 110 -1 NOVEMBER 2011 Ice NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMEN SECTION 120 EXCAVATION AND EMBANKMENT DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 120 -1 through 120 -14. METHOD OF MEASUREMENT FDOT Section 120 -13. BASIS OF PAYMENT Pay Items will be made under: Item No. 120 -1 Excavation, Regular — per cubic yard Item No. 120 -6 Embankment — per cubic yard END OF SECTION 120 ATION AND EMBANKMENT NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVENATO C SECTION 160 TYPE B STABILIZATION DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 160 -1 through 160 -6. METHOD OF MEASUREMENT FDOT Section 160 -5. BASIS OF PAYMENT Pay Items will be made under: Item No. 160-4 Stabilization Type B — per square yard END OF SECTION 160 TYPE B STABILIZATION NOVEMBER 2011 C NAPLES MANOR NORTH CANAL STORMWATER IMPROVE 1 TQ SECTION 285 OPTIONAL BASE COURSE DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 285 -1 through 285 -9. FDOT Section 285 -8. METHOD OF MEASUREMENT BASIS OF PAYMENT Pay Items will be made under: Item No. 285 -701 Optional Base Group 1 — per square yard Item No. 285 -706 Optional Base Group 6 — per square yard END OF SECTION 285 OPTIONAL BASE COURSE 285 -1 NOVEMBER 201.1 NAPLES MANOR NORTH CANAL STORMWATER IN SECTION 334 SUPERPAVE ASPHALT CONCRETE DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 334 -1 through 334 -8. METHOD OF MEASUREMENT FDOT Section 334 -7. BASIS OF PAYMENT Payment will be made under: Item No. 331 -1 -11 Superpave Asphaltic Concrete — per ton. Item No. 334 -1 -12 Superpave Asphaltic Concrete — per ton. END OF SECTION 334 SUPERPAVE ASPHALT CONCRETE 334 -1 100 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 400 CONCRETE STRUCTURES DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 400 -1 through 400 -23. All equipment, materials and labor required for over excavating and compaction underneath the concrete box culverts and weir structure are to be included in the unit price of the concrete. The compaction underneath the concrete box culverts and weir structure shall be to a minimum depth of 4' below the proposed bearing elevation or to the top layer of the lime stone strata. Soils shall be compacted to 95% of the soil modified proctor maximum dry density (ASTM D -1557) in lifts not more than 12" in thickness. The Class I, Miscellaneous concrete is to be used only at Collier County's discretion. Approval of the use by Collier County must be granted PRIOR to placement. METHOD OF MEASUREMENT FDOT Section 400 -22. BASIS OF PAYMENT Payment will be made under: Item No. 400 -1 -15 Concrete, Class I, Miscellaneous — per cubic yard Item No. 400 -4 -1 Concrete, Class IV (Box Culverts) — per cubic yard END OF SECTION 400 CONCRETE STRUCTURES O NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 415 REINFORCING STEEL DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 415 -1 through 415 -8 METHOD OF MEASUREMENT FDOT Section 415 -7. BASIS OF PAYMENT Payment will be made under: Item No. 415 -1 -4 Reinforcing Steel — per pound END OF SECTION 415 REINFORCING STEEL 41 roc NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 425 INLETS, MANHOLES, AND JUNCTION BOXES DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 425 -1 through 425 -8 The price and payment for ditch bottom inlets includes the steel grates. All inlet grates are to be steel. METHOD OF MEASUREMENT Measurement will be by each. BASIS OF PAYMENT Payment will be made under: Item No. 425 -1 -521 Inlet, Ditch Bottom, Type C, (< 10') - each Item No. 425 -2 -41 Manhole — each Item No. 425 -10 Yard Drain - each END OF SECTION 425 INLETS, MANHOLES AND JUNCTION BOXES 425 -1 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER I SECTION 430 PIPE CULVERTS AND STORM SEWERS DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 430 -1 through 430 -12 METHOD OF MEASUREMENT Measurement of pipe will be by the linear foot (in- place). Payment will be made under: Item No. 430 - 175 -118 Item No. 430 - 175 -136 Item No. 430 - 175 -142 Item No. 430 - 175 -218 Item No. 430 - 175 -224 Item No. 430 -963 -2 Item No. 430 - 982 -125 Item No. 430 - 982 -138 Item No. 430 - 982 -140 Item No. 430 - 982 -625 Item No. 430 - 982 -629 BASIS OF PAYMENT Pipe Culvert (Optional Material) (RCP)(18 ") — per foot Pipe Culvert (Optional Material) (RCP)(36 ") — per foot Pipe Culvert (Optional Material) (RC P)(42 ") — per foot Pipe Culvert (Optional Material) (ERCP)(14 "x23 ") — per foot Pipe Culvert (Optional Material) (ERCP)(19 "x30 ") — per foot PVC Pipe for Back of Sidewalk (Non- Standard Diameter)(12 ") — per foot Mitered End Section (Round)(18 ") — each Mitered End Section (Round)(36 ") — each Mitered End Section (Round)(42 ") — each Mitered End Section (Other)(14 "x23 ") — each Mitered End Section (Other)(19 "x30 ") —each END OF SECTION 430 PIPE CULVERTS AND STORM SEWERS 430 -1 roc NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 500 SLIDE GATE DESCRIPTION The work specified in this Section shall conform to the Waterman Industries Specifications for the 72 "x48" SS-251- 1-Y Slide Gate or approved equal. All items necessary for a complete installation of the Slide Gate system are included under this item such as the gate, frames, rails, plates, assembly hardware (nuts, bolts, washers, anchors, etc), seats, spacers, seals, grout, welding, and lifting assembly with manual crank. METHOD OF MEASUREMENT Measurement of this item will be lump sum for all the materials and labor for a complete and accepted installation of the Slide Gate and associated components per the manufacturer's specifications. BASIS OF PAYMENT Pay Items will be made under: Item No. 500 -A Slide Gate — lump sum SLIDE GATE 1 500 -1 ��rraa[1CC •1f�AA 1c NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENT SS -250 -1 SERIES STAINLESS STEEL SLIDE GATE a THE BEST OF TECHNOLOGY FOR STRENGTH AND LONGEVITY IN CORROSIVE ATMOSPHERES a 304 OR 316 STAINLESS STEEL WITH UHMW PLASTIC SLIDING AND SEATING SURFACES a MEETS LEAKAGE REQUIREMENTS OF AWWA C -561 ADVANTAGES: Corrosion Resistant Optlmum Sealing Against Leakage Rugged Heavy Duty Design SS -250 -1 Series Slide Gates are engineered for excellent sealing while providing maximum resistance to corrosion. Ultra High Molecular Weight Polyethylene (UHMW) sliding and seating surfaces, dissimilar from the gate slide material, provides low coefficient of friction while maintaining the superior resistance to corrosion. SS -250 Series gates may be specified with optional type 31 6L stainless steel for use in unusually corrosive environments such as hydrogen sulfides or salt water. PERFORMANCE: SS -250 -1 Series Slide Gates can be custom designed for 5, 10, 15 or 20 feet of head, heavy duty gates available up to 50 feet of head (some limitations apply to larger sizes). SS -250 -1 gates are available in normal aperture configurations or as weirs (downward opening). They may also be ordered as self- contained gates or with extension stems and separate operators. Also available: A -250 -1 Series Aluminum Slide Gates. SS -250.1 STAINLESS STEEL SLIDE GATE CONFIGURATIONS TYPE OFOATE APMATUMB END OF CHAN"OL 9i CHARNEL pMANWARD NON.RESTRICTW EMBEDDED A 'HLL (OPENING) STANDARD DOWNWARD UPWARD OPENING OPENING FLOW GUIDE MTD. OPENING (WEIR) (WEIR) GUIDE RISING STEM 251 -2 252 -1 2531 2$4-1 2651 256.1 257-1 MIN HEAD 1 MODIFERS INCR€%SED HEA0 ITY 267 -1 352-1 5FT r 271.1 272 OFT 291-1 292-1 'r E 251.1 -CF 252.1 -OF �LAR AINED 251.1 -L 2524 -L 2.53 -1 -L 254 -1 -L 25 -1-L 25S-i -L. 257 -1.L IN SL @E [ AINED 251 -1 -Y 2^2 -1 -Y 23: -1 -Y 25-1 -Y 255.1 -Y 256-7 -Y 257 -1-Y OVER 251 -1-N 252 -1•N 1 -N 254 -1 -N 286-1 -N 257 -1•N AL OR MODIFIED 251 -1•X 2y1 -1.X 293.1•X 2'54 -1 -X 255 -i•7C. 2'�b•1 -X ?57 -;•X PLICARON 1 MiaMrumlwd »BFTb<er»r Nrrt lxlYl+aa2S7..1.E?'- 2•'aiM 7Ra6ow tooaF Oa»hr bn.2531 e1ru 357 -1 1Aada: 2551 q a 9a1a wMh aparbl noddgatioac M iaeeeaarole lvw Modala In anagale. SS -251 -1 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMP! TYPICAL SPECIFICATIONS FOR SS -250 -1 SERIES FABRICATED SLIDE GATE GENERAL The gates shall be either self- contained with yoke and bench stand operators, or non -self- contained with separate stem guides and operator, in accordance with the requirements of these specifications. Specific configurations shall be as noted on the gate schedule or as shown on the plans. FRAME AND GUIDES The gate frame shall be a rigid unit composed of stainless steel guide rails with UHMW seats upstream and downstream. These shall form a tight seal between the frame and the slide (disc). This tight seal shall provide an allowable leakage rate of no more than 0.1 gallons per minute (GPM) per peripheral foot of perimeter opening for seating heads and 0.1 GPM per peripheral foot for unseating heads. Stainless Steel retainer bars, cross bars and head rails (for self - contained gate only) shall be provided. The clear opening shall be the same size as the waterway, unless otherwise specified. The guides will be of sufficient length to support two- thirds of the height of the slide when in the full open position. SLIDE COVER (DISC) The slide cover (disc) shall be stainless steel plate reinforced with structural shapes welded to the plate. The slide cover shall not deflect more than 11720th of the span of the gate under the maximum head. The stem connection shall be either the clevis type, with structural members welded to the slide and a bolt to act as a pivot pin, or a threaded and bolted (or keyed) thrust nut supported in a welded nut pocket. The clevis or pocket and yoke of the gate shall be capable of taking, without damage, at least twice the rated thrust output of the operator at 40 pounds pull. FLUSHBOTTOM CLOSURE Gates shall be furnished with a flush seal arrangement. A resilient seal with a minimum width of exposed face of " shall be securely attached to the frame along the invert, and shall extend to the depth of the guide groove. The fabricated gates shall be Waterman Model SS -250 -1 MATERIALS Frames, Rails, Cover Slides, Yokes Stainless Steel - ASTM A -240 and A -276, Type 304 or 316, as specified Fasteners and Anchor Bolts Stainless Steel - ASTM F -593 and F -594, Type 304CW or 316CW, as specified Stems Stainless Steel - ASTM A -276, Type 304 or 316, as specified Flushbottom Seals Rubber - ASTM D -2000 BC 6151625 Grade BE 625 Seats Ultra High Molecular Weight Polyethylene (UHMW) Finish Mill finish on all stainless steel surfaces SLIDE GATE 500 -3 MC)VEMRER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEME1oc NTS SS- 251 -1 -Y DIMENSIONS GATE FULL OPEN 4 ?f2 -1/ LIIA s-- -it8 { -4f< -DiA r7H) -if2 i I � v t €' G ��y (I0 a o io Tr 2CGH) + 2� t d) 7,---1 C ' o TOP FUJI, SFCrTON Id � C END STEM — _ - -- == Gk -3 GH = GATE HEIGHT GV = GATE WITH SS- 251 -1 -Y TOP SECTION-1 10 V, e-, r, w- n � S[D'E SEC;'. o INVFRT F'FCT"0 NOTE: FOR PRELIMINARY DESIGN. PURPOSES ONLY DO NOT USE FOR INSTALLA -ION UNLESS PART OF CERTIFIED & APPROVED SUBIAITTAL PARTS UST N0, NAME la Frame 'w`eldlmer-t lb Cover lc 1d Assemoly Hdw ^, Guide Seats le Seat IF S �eln Bul & `vI:I lg F'etairer Bar SLIDE GATE 500-4 NOVEMBER 2011 TYPE 2 HANDWHEEL OPERATOR PARTS LIST No. Name 1 Lift Nut 2 Lift Housing 3 Grease Fitting 4 Sall Bearing 5 Handwheel Set Screw —L 7 Base Plate TYPICAL SPECIFICATION Handwheel Operators shall have a cast bronze lift nut machined to accurately mate with the operating stem. ball bearings shall be provided above and below the flange on the lift nut to take the thrust developed while opening and closing the gate. Bearings shall be housed in an enclosed weatherproof housing and shall be furnished with lubrication fittings. Each unit shall be fitted with a handwheel marked with direction of open- ing_ Handwheels shall be of such diameter that handwheel pull shall not exceed 40 lb: on the rim. Handwheels shall be removable and shall be cast iron or fabricated steel. Protective stem covers may be mounted when required by the specifications. INDUSTRIES,INC. 8 SLIDE GA NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS TYPE 2 SENCHSTAN€3 Type 2 Pedestal NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS TYPE 2 HANDWHEEL OPERATOR NEW 2a 0I11-1 �30 95 +4 4� — L! &DJ. 4 1 TYPE 2 CAST IRON PEDESTAL Is 24 DId—�{ 3D 3$ - 35 —�1 � T 4i 12 44 \_3 In. soJ. ' ' 6 TYPE 2 CAST IRON OFFSET PEDESTAL ' INDUSTRIES,INC.`-*y''�• ' M END OF SECTION 500 SLIDE GATE 500-6 HANDWHEEL LIFT CAPACITIES PULL TORQUE I LIFT (Ibs.) (ft.ibs.) I% ItA 1'A 2 25 18.7 1550 1340 1420 1220 ` ,t8 40 30 2780 2550 2510 2150 25 25 2300 2180 1950 1500 24 40 40 3800 3490 3130 2400 77 '5 31.2 2970 1 2960 2450 1900 2-30 40 60 4750 4730 3925 3026 ' INDUSTRIES,INC.`-*y''�• ' M END OF SECTION 500 SLIDE GATE 500-6 lac NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 524 CONCRETE DITCH AND SLOPE PAVEMENT DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 524 -1 through 524 -10 The concrete ditch pavement specified on this project is 3" thick, non - reinforced. METHOD OF MEASUREMENT FDOT Section 524 -9 BASIS OF PAYMENT Pay Items will be made under: Item No. 524 -1 -1 Concrete Ditch Pavement, non - reinforced, 3" thick — per square yard END OF SECTION 524 CONCRETE DITCH AND SLOPE PAVEMENT 524 -1 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWAIDZENTS SECTION 524 -A ARMORFLEX OPEN CELL BLOCK MAT DESCRIPTION Furnish and install Armorflex Concrete Blocks — Open Cell (30S Block Class) or approved equal as indicated in the Contract Documents. Blocks shall be placed on Geotex 104F geotextile (or approved equal). Prior to placement of the geotextile, the area shall be fine graded. Method of placement of all components shall meet the manufacturer's specifications. Installation of this mat includes the filling of all the open cell mats with #57 aggregate. It also includes the placing of 4,000 psi grout, concrete or approved equal at: (1) the top of slope and sides for the boat ramp (Sta 32 +40) above elevation 4.0, and (2) at all sides of the broad crested weir (Sta 51 +50) above elevation 4.0. Below elevation 4.0, the embed block trench area on the sides and toe is to be backfilled with #57 stone. METHOD OF MEASUREMENT The quantities to be paid for Armorflex Open Cell Block Mat will be the plan area, in square yards, completed and accepted. Contractor is include the cost for embed blocks, the geotextile they are placed on, grout/concrete and #57 stone for backfilling embed block trench as well as the #57 stone for filling the cells in the mat, and any required anchoring of the block mats per the manufacturer's recommendations as part of the unit price for the plan area. BASIS OF PAYMENT Pay Items will be made under: Item No. 524 -A Armorflex Open Cell Block Mat (30S) — per square yard ARMORFLEX OPEN CELL BLOCK MAT 524A -1 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS 1��1j��lT =AUK CONSTRUCTION PRODUCTS INC. Armortec Product Details ArmorRoad` ArmorWedge* A Jacks° ArmorLoc` ArmorFiex' - Close Cell ARMORFLEX OPEN CELL BLOCK MAT 524A -2 NOVEMBER 2011 ArmorFlee (namies -iu) KRCKF,�iwxreisKaarst ueaaC'COKtiK9EvK AVPNOVCU E'n(FFE y 7 r�,, 'I.�EUTRRILE A:i, )UNYlSIK Top of Slope - Standard Detail FN aFCDbERACE 100 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS H.- SIDE VIEW j j H CABLE END VIEW Ln.INLIrIFd UFULR1it "N%tiViM ownas:oFS.xrr: _, .M4%IRFI.f %TfPKF .ANICIM"EaWRLiCSEKaCR mm} 2� turwcyes --- V."WoKIDCHTYRC l Cmnsscr* . Tapered Series - Cross Section Armorfiex Unit Specification Conscete Oprad {bssd Block Clau CsD Nomino) Dimensions Grass krea( L W H (sp- Black Weight Ti. 6s1sq.11 Open krea % 30s Open 13.0 11.6 4.75 1 DAB 31-36 32-37 20 SOS Open 13.0 11.6 6^00 ; 0.98 45-52 45 -53 20 40 Open 17.4 15.5 4.75 i 1.7 7 62 -7I 35 -00 ZO 50 Open 17A > 155 6.00 1.77 81 -94 4653 20 70 Open 17.4 155 B30 1.77 130 -138 b9.76 ZO 40L ' open 17A 23.6 435 ; 2.58 90- 106 33-41 20 70L I Daen 17A 23.6 B50 i 2.5B 173 -201 67 -7B 20 45s Closed 13.0 11.6 435 0.98 39.45 -T54-62 40.45 10 559 Closed 13:0 11.6 6.00 0.98 53 -61 62 10 45 Closed 17.4 1.5.5 4.75 1.77 7849 43 -50 10 55 Closed 174 156 600 :1.77 94 -108 53-61 10 85 Closed 17:4' ! 15.5 930 ; 1.77 145- 167 82 -98 10 45L Closed 17.4 23.6 4.75 2.5B 106.126 42.44 ! 10_ 851. Closed IT4 23.6 MO 3 25B 209.243 1 81 -94 1 10 Itigh Mocdp ABPlicalioR Black Classes -- -_.... 40-T Open ? 174 155 4J5 1:77 62 -71 35 40 ! 20 50-T Open € 17:4 ':. 155 6110 1.77 81 -94 j 46 -53 ( 20 70-T Open 1 17.4 15.5 950 1.77 120 -138 6 &78 (2D ARMORFLEX OPEN CELL BLOCK MAT 524A -3 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPR VETS" ARMORFLEX OPEN CELL BLOCK MAT 524A -4 W O d w O J L� O Nr1VFMRFR 2nii i- �l � or- NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS GEOTS(104F is a woven monaffiament p (Ayprapyiene geatextiie produced by Propex, and Mill meet the foilomft Minimum Average Roo +l ues (MAR V) when tested in i3nt:tlydance Wilh the methods listed below_ The individual filaments are woven into a reguta r network and calmidered such that ffiaments retain dimensionaE SWbilitu relative to each other- These characteristics make GEDTEX 104F ideal for filtrabon beneath hard armor systerrfs. The potextilets resistant to ultmviolet: i14' Wation and to biaiogiwl and chemical mvironments rrormaliy'found in sfoils_ GEDTIEK 104F conforms to the property values listed below_ Propex perfoirms intezmal manufacturing Quality Control (PAQC) tests that have beein accredited by the Geosynthetis Accxedfttion Institute - Laboratory Accreditation Program (GAi-LAP)- fitechanii THIS a (Cast)) ASTM €s-4 ,632 370 x 25{3 1645 X 1=0 N EIf3 .ti{?li RS'tA7 E} 4 32 3„�s X. 955N6 1E5 x ltytl6 Puncture ASTM D4833 1213 lbs 534 N CBR Puncture ASTM D-6241 35Q flls 4226 N Muglen Burst ASTM D-3786 450 psi 31DO We Trepezolcl Tear ASTM D -4538 ifDU X BQ lbs 445 x: 267 N- Endttrannce UV ReSist[IMW Rsceaired at 500 hrs ASTM '58 ?✓c QLt°�n rtfa c Appetant Opening Sizo (At3S)a ASTM r1 -4751 70 US Std. Sieve 0-21:2 min Percent open.Area (PGA) M-02215 Mot! 4 4-6% 4-E% Penriitt -P itv ASTM D4491 0-28 sec4 0.2$- sec Water Flow Rate AaM 13-4 193 18 91311AW 1 7313 Vminim� g sizes o ft x 3CO, ft 12 It 300 ft 1.83 rn x 91.5 m 3. x 915 m MOM: �. �rty�. a- at�amcnfareerr�fieas�3 'Qfi�ssa��m�an�excutx,�e. .. vahms daima0hine 4Wwpt and wows -mac ( fill,, mspectirely, unxierdn, or saturated conda' tions.wdnimum:wwerage-. rotrahxes (iaatrtt are calcaiare>i as the typicad minus two standard 6R tiers SEai�c2k it ;yields a W _ *Adegree of rxinf�idencathat any samples tahw fitmnauaik+a%iwarx�ei�irgrrill etceedthe value repodwi. _ Ma umisnaveraga rail taWe- a, Army amp of FnLirneers test methodcomeiatedto ligaernitted thnnugh fadwic. fAmar of t7penings. TaW Area I DOt6J VOILID *a&i s I THE 34UVh 1 1+ E CiiCil9CJfS" 60ii2� 25 inc. Poi: 425 8:29 0444 fi tee Highway, suite 425 Ph: 800 62112'53 PO Box 2278.8 FAX: 42.3 889 7519 GEOS OH£Tlt_'S Chattanooga, Th 37422 xww_geotextile.aam . o.a..,E. af—.e.,ftwm r�,.rwen�.�.�..soi -a ..v`.��aw- opff" MIYl130. END OF SECTION 524 -A 402W& PftW 1110. ARMORFLEX OPEN CELL BLOCK MAT 524A -5 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 530 RIPRAP DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 530 -1 through 530 -5 The rubble riprap used for this project is Ditch Lining, with a minimum specific gravity of 1.90 and a minimum blanket thickness of 1.5 feet. The payment for riprap shall include the cost of the required geotextile fabric as specified in the Standard Index. METHOD OF MEASUREMENT Measurement of Riprap (Rubble) will be by ton. BASIS OF PAYMENT Pay Items will be made under: Item No. 530 -3 -4 Riprap (Rubble) — per Ton END OF SECTION 530 RIP RAP 530 -1 Nc)VeM6ER 2011 NAPLES MANOR NORTH CANAL STORMWATER IM E , SECTION 536 GUARDRAIL DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications referenced below. FDOT Section 536-4 thru 536 -5. FDOT Section 536 -6.4 and 536 -6.7 METHOD OF MEASUREMENT BASIS OF PAYMENT Payment will be made under: Item No. 536 -73 Guardrail Removal — per linear foot. Item No. 536 -85 -25 Guardrail End Anchorage Assembly (Type II) — per each. END OF SECTION 536 GUARDRAIL 536 -1 30C NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 550 FENCING DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below FDOT Section 550 -1 through 550 -6. All materials necessary to construct and install a complete fence gate assembly including special post lengths, base plates, locking mechanisms, hardware and providing 10 additional keys per locking mechanism are to be included in the contract unit price of the fencing gates. The gate locking mechanism shall be self - latching and have automatic locking action, model QL /AR 1700. METHOD OF MEASUREMENT FDOT Section 550 -5. BASIS OF PAYMENT Pay Items will be made under: Item No. 550 -10 -210 Fencing (Type 13)(0' -5.0' Height) — per foot Item No. 550 -10 -220 Fencing (Type B)(5.1' -6.0' Height) — per foot Item No. 550 -60 -211 Fence Gate (Type 13)(0' -6.0' Opening) — per each Item No. 550 -60 -223 Fence Gate (Type 13)(Double)(12.1' -18.0' Opening) — per each END OF SECTION 550 FENCING 550 -1 10C to MC)VF_MRER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 570 PERFORMANCE TURF DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 570 -1 through 570 -9 The price and payment for Sodding shall include mowing on a cycle requested by Collier County. Sod shall be watered at a rate of 1" per week for the duration of the construction, to ensure re- growth. Sod placed over plastic erosion mats shall be placed in accordance with the plastic erosion mat's manufacturer's specifications, if any. METHOD OF MEASUREMENT FDOT Section 570 -8. BASIS OF PAYMENT Pay Items will be made under: Item No. 570 -1 -2 Performance Turf (Sod) - per square yard. END OF SECTION 570 PERFORMANCE TURF 570 -1 NnVF_MRER 2011 Q NAPLES MANOR NORTH CANAL STORMWATER o IMPROVEME SECTION 571 PLASTIC EROSION MAT DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 571 -1 through 571 -5 The erosion mat shall be anchored to the soil as well as to the hard armor system per the manufacturer's specifications. METHOD OF MEASUREMENT The quantity of turf reinforcement mat to be paid for will be by the plan area, per square yard, of mat installed and accepted. No allowances for overlapping of mats or embedment are included in the quantity. The cost of any special earthwork or compaction requirements in addition to that required in Section 120, quantity for overlapped mats, embedment and anchoring per the manufacturer's specifications shall be included in the plan area installed. BASIS OF PAYMENT Pay Items will be made under: Item No. 571 -1 -11 Plastic Erosion Mat — per square yard. PLASTIC EROSION MAT 571 -1 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPRM Our Landlok" Turf Reinforcement Mats (TRMs) are the industry's most advanced solutions for applications requiring immediate, long -term erosion protection„ vegetative reinforcement and water quality enhancement capabilities. Our first generation TRMs are constructed of a dense web of loaA polypropylene fibers positioned between two biaxially oriented .nets, When vegetated, they provide twice the erasion protection of vegetation alone. Now we've taken the same woven: technology in our High Performance Turf Reinforcement Mats (HPTRMs) and used it to design the next generation of TRMs. These netiess, composite -free three-dimensional second generation TRW feature a rugged. material construction: that combines superior tensile strength, flexibility and UV stability. This allows them to deliver better, long -term performance over traditional methods like rock dprap and concrete paving and increased design life.over first generation netted, fused, glued or stitch - bonded TRMs. All Landlok TRMs feature our patented X30 fiber technology, which provides 40% greater surface area for trapping and protecting seed and soil. 1.ST GENERATION LANDLftB'A) TRgts FEATURES A BENEFITS a Provides permanent turf reinforcement to enhancevegetation's natura1 . ability to filter soil particles and prevent soil loss during storm events P 100 "o synthetic and.UV- stabilized components lP Utilizes X3.ihertechnology for up to 40% greater surface area to protect emerging seedlings and sediment retention More aesthetically pleasingthan conventional methods (i.e. rock nprap and concrete paving) * Superior product testing and performance � Easier installation. than conventional solutions Joe heavy equipment required) 1 We MWIM t-1ft nron"d ECM W-4 aoN�- areas. 2f'IB G.ENERATI€ N LANDLOK@ WOVEN TRMS FEATURES & BENEFITS All thefeatures'and :benefits of firstgeneration LandlokTRMs, plus: 1, A unique, patented matrix of pyramids formed with 2fibers.that gridlocks snil.inplace under' high•flow.conditions b 3- 0 'wovenmatenal with superior tensile strength for loading and /or survivability requirements ► Greater flexibifity to maintain intimate contact With subgrade, resulting in rapid seedlin$emergence and minimal soil loss Completely interconnected yams that.provide superior UV resistance throughout the TRM ► Acombination of superior charactensticsfor long- term.performance and a`longer design life than first; generation LandlokTRNIs t4l mw Tum Up,c25yaa outperforms and I5 more cost - effective than conventional orosion cotttral methods, including: li ►.Roc : prap .p 1u:16�ars P Goncmte having ► Erosion Control Blankets ON LAN.DLII,Km TURF REINFORCEMENT MATS PRODUCT FAMILY TABLE LANOLOKm' 450 LANDLOK 300 1ST GENERATION PERMANENT TAN OR GREEN POLYPROPYLENE TYPE :5A;.5E, 5C TRM X3" FIBERTEGHNOLOGY fLYFROPTC€NE i57 "G1 NERATIOfiI:. PERMANENT TAN, 3 FIBFftTECHh1iILOTIY 1 TYRE5A; %5C. TRtui. : {GED'FF1�1LF nAING }`:.: '; 2ND GENERATION PERMANENT TAH OR GREEN POLYPROPYLENE 0 TYPESA, 58, 5C TRM x3 Fi9ERTECHNOLOGY (WOVEN) THE ADVADVANTAGE CREAZt?RS P PEX ( GEOSYNTHE.TICS 571 -2 HIf1VFMRFR 71111 NAPLES MANOR NORTH CANAL STORMWATER I MPRODEMG C P LIy T'ON SUGGESTIONS FOR LANDL KOTURF R W R c F T MATS UPTO 1HAV URTO 2H:1.0 WAR STRESS UP TD 10 Ib /ftt (479 N/mr') 7 €LOCITY UP To 1:8'?tisec (5.5 misec) SHJ41t`SItES' 1N1,VEAG1. ON < 1 ft (30 girl) PEKIP -NEW 11JAhDLOV 300 P£RIV14NENT LANDLOK 450 rERMANENT LAND OK :1051 2:5 ANCHORS /yd? 3 ANCHORSW 2.5 ANCHORS/yd' , 3.ANCHORSJrat' L.bANCHURS /yd= 3ANCHORS /M! WITES: 1.; IiGSirfl edcos tetinatestineirtim IBM W spoilTniiects aacouk-1910 Malwalixa0lT ,IMesl IStes:nciu�anwtemt: Berl; latmr7nrtegaijrmntt :Nola ';atcnsfsvarygleall a ir?fernt m &4ets of tte cotIaq. 2. For ski 50.1tier titan J H r , Ea x .s a ear Pymm tl I TRI Y isrilua umchw IVAIUas hom at VazMIM Ij; ehapv& with a 20 VSLT f6.] ta,;3t:c }. Plea3osroe niu� Piramal tll'rNfA OrOwt txochM A. rcr we at nn dreata.taa] it l30 Ea 1,.p9 ase sEe cur ryana�t:HPTRFJ pm kMt LreJ use. 5. for aecltorske ane style 0Kdo s:e:nurRRM loaWlai an Gtildelinm KEY PHYSICAL PROPERTIES - LANDL K"ITURF REINFORCEMENT MATS b Tensile Strength: High- strength and low-strain minimizes seed, root damage and material uncle.- heavy lords. Fietibility:.0re9ier flexibility allows our-Wi s to ecnlarrn and maintain intimate contact wi h the preparod grate; increasing the ease of successful installation. . R Seedling Emergence: LandiokTRKts,.nav with R3' fiber technology, offer 40% more fiber surface area-to rapture the critical sediment anti mois ure needed to increase seed germination within tie first 21 days. UV Resistance: All Landluk TRIPA components are Constructed with the loiy sestet; UV qitlUill iers, such as cDrboa black and hindered amine light.stabihzers (HALS). StMPiapF.ro mitigt ulietlnerfic oEgV 1�::s;�forraore.irformfftiat. PLASTIC EROSION MAT 571 -3 NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER 11COLS LA.N DLT, KO TURF REINFORCEMENT MAC' PROPERTY TABLE' ENGLISH & METRIC UNITS METHOD #4 MASS PER 21 OrrrT.. 2 Gym . 10.0 0z /yd, 14 oz /ydz 8.3 oxGyd2 UNITAREA ASTM ;D.6566 MARY 3409/m2 475 g/m2 285 g/m2 RFILI' TVFIH7 CtECT1LATED:I TYPIC1iL '8 Gkg, 39 5 100 yd2 0.4 to fl 3ili! THICKNIEsS ASTM D 6525: '; h1ARV . 1 .I mrA 5p 1•m :'; Z.6 min. LIGHT PENETRATION ASTM D-6567 TYPICAL 20it 5% 50% DOIOR'. GEN,;TAN: TAW jG REEIiTAft, 400 x 300 lb /ft 300 x275 1b/ft 2400 x2000 ib /ft TENSILE STRENGTH ASTM D 6815 MARY 5:8 z:4k3 kN /m 4:3.x1.2 kN /.m 35.0 X:29:2 kN /m TENSILE AST14i.➢ 681$: MAIIMIJM - • 50% 8696 X086 EEt7NGATIDN. - .. RESKIENCY ASTM D -6524 MARV 90% 80% 75;6 OBSERVED TYPICAL PERMANENT PERMANENT PERMANENT SEEDLING EMERGENCE? ECfC DRAFT TYPICAL 409% 220% 296% METHOD #4 OW FW - ' I�UREff� i1�PtCAL 2 O rr► � 21 OrrrT.. 2 Gym . 13&5 ft 138.5 Ff 106'R' ROLL LENGTH MEASURED TYPICAL 42.2 m 42.2 m 32.3111 63 Ih, 87 Iti 52, Ilk RFILI' TVFIH7 CtECT1LATED:I TYPIC1iL '8 Gkg, 39 5 100 yd2 100 yd2 100'yd2 MEASURED TYPICAL ROLLAREA B4 tie 84 m2 84 m2 NOtFS: [Am litteil oraµerty values me er'eclrve 0812ODS and are sibieci to:etrange wiLwut antics- 2.1VIAMIondicatesMintinumAwtalle Rod Valueealcnlated as the local minus two sadianf { �aVlatinaL55.. S[ atlaaca0y, ity [eliva97,7it`.tlegreeofeair;tisn : itteFatlysampietakeq' duangrllmliT�. asw{ ancetes{ tng Will exceed- theaepartedvalue. 3. Calculatedaspercent Increase id avmrageplantbinmwt wiil{iaH'malegras$ strait In. sand 4 days; ailerSootift AKtradil igoMmmanfUameatTRtifiand111 `mhla. .ARIBLi rK" TURF RE.INFORCE ENT MAT PERFORMANCE VALUES ERGL SH & METRIC UNITS 10Ib /ft7 18'ft /sec 8Ib /ft2 15ft /sec 5-lb/ft' 12ft/sec 0.035 0025 0.021 LANVLOKm 450 PERMANENT 479 N /m2 5.5 m /sec 383 N /m2 4:6 m /sec 239 `1 /m2 37 m /sec LANDLOK 300 NOTES; PERMANENT 121b /ft2 20`fVsec _ _ _ _ 0.030 0.028 0.018 576 N /m? 6.1 m /Sec PLASTIC EROSION MAT 571-4 loc NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS END OF SECTION 571 PLASTIC EROSION MAT 571 -5 . \ \ /� \`• / l / \\� / /A/ ill `i U S 5a.z ULJ ob 0 cc QIY ' - � - � � ;yid✓ ✓;� %�'c m w /.X m ¢ �z w\ I ;T1 W Of II\ w t- = wp \ Y ly LaJ Q UOa H� I" o Q Z Z / U o O x J 3: U X W Z W LJi W I I - \ ✓!�' �\ Uw /\ U x W LLJ IL \\y tn0 wo La ;n ¢ z CD \. w Z uj O W LL \ \�\ \) )i\/ >\i •,i`. Lai a 0 U END OF SECTION 571 PLASTIC EROSION MAT 571 -5 NOVEMBER 2011 NAPLES MANOR NORTH CANAL S TORMWATER IMPROVEMENTS SECTION 580 EUCALYPTUS MULCH & LANDSCAPE SHRUBS DESCRIPTION Furnish and place landscaping shrubs and mulch as indicated in the Contract Documents. The contractor shall provide watering to the new hedge landscape material for a period of one year after planting. Plant material shall be watered on a continual basis so that the material is sufficiently hydrated and growing. Contractor shall water the plant material using a temporary irrigation system, hand watering, or a water turck, etc. Contractor shall be responsible for supplying the necessary water. The plant material shall be alive and healthy at time of final acceptance. The contractor is to install 10 gallon, 4' height, 5' on center shrubs /hedge (species to be determined). Hedge shall be mulched with Eucalyptus mulch to a depth of 3" Contractor shall keep the landscape beds free of weeds until final acceptance. All mulch shall be of non - floating type. METHOD OF MEASUREMENT The quantities to be paid will be for each shrub acceptably installed and the volume of mulch installed and accepted in cubic yards. Any earthwork, clearing and grubbing activities, temporary irrigation methods (contractor's choice) or permits required to install and maintain the shrubs and mulch per the areas and depths specified in the Contract Documents shall be included in the contractor's unit cost for this item. BASIS OF PAYMENT Pay Items will be made under: Item No. 580 -A Eucalyptus Mulch — per cubic yard. Item No. 580 -1 -2 Landscape Shrubs — per each. END OF SECTION 580 EUCALYPTUS MULCH & LANDSCAPE SHRUBS 580 -1 NOVEMBER 2011 10L NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 700 HIGHWAY SIGNING DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 700 -1 through 700 -12 FDOT Section 700 -11 Pay Items will be made under: Item No. 700 -20 -11 METHOD OF MEASUREMENT BASIS OF PAYMENT Single Post Sign (F &I)(Less than 12 sf) — per each. END OF SECTION 700 HIGHWAY SIGNING 700 -1 10C 41* NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 706 RAISED RETRO- REFLECTIVE PAVEMENT MARKERS AND BITUMINOUS ADHESIVE DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 706 -1 through 711 -7 FDOT Section 706 -6 METHOD OF MEASUREMENT BASIS OF PAYMENT Pay Items will be made under: Item No. 706 -3 Retro - reflective Pavement Markers (Bi- directional) — per each. END OF SECTION 706 RAISED RETRO - REFLECTIVE PAVEMENT MARKERS AND 706 -1 BITUMINOUS ADHESIVE roc NOVEMBER 2011 NAPLES MANOR NORTH CANAL STORMWATER IMPROVEMENTS SECTION 711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS DESCRIPTION The work specified in this Section shall conform to the FDOT Specifications as referenced below. FDOT Section 711 -1 through 711 -10 METHOD OF MEASUREMENT FDOT Section 711 -9 BASIS OF PAYMENT. Pay Items will be made under: Item No. 711 -11 -121 Solid Traffic Stripe (Thermoplastic)(White)(6 ") — per linear foot. Item No. 711 -11 -221 Solid Traffic Stripe (Thermoplastic)(Yel low) (6") — per linear foot. END OF SECTION 711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS 711 -1 lOC GEOTECHNICAL ENGINEERING SERVICES REPORT NAPLES MANOR NORTH CANAL DESIGN Naples, Florida Allied Project No. 40-6853 Prepared for: Mr. George Brinson, Jr., P.E. Pitman-Hartenstein and Associates., Inc. 12701 World Plaza Lane, Building 80 Fort Myers, Florida 33907 October 22, 2010 ALLIED ENGINEERING & TESTING, INC. 5850 Corporation Circle Fort Myers, Florida 33905 t?'AP) 1?14-C,933 -& (239) 334-6614 N + v4,vAv.Allied-Eriaineerinci.cc;m Fort INIVers .. Sunrise + Punta Gorda + Sarasota 7 ' Allied Engineering & Testing, Inc.. October 22, 2010 Mr. George Brinson, Jr., P.E. Pitman- Hartenstein and Associates, Inc. 12701 World Plaza Lane, Building 80 Fort Myers, Florida 33907 10L Providing Geotechnicai Engineering, Materials Testing, Construction, Inspections and Environmental Services SUBJECT: Geotechnical Engineering Services Report Naples Manor North Canal Design, Naples, Florida Allied Project No. 40 -6853 Dear Mr. Brinson; Allied Engineering and Testing, Inc. is pleased to submit our geotechnical engineering services reportforthe project referenced above. The scope of our services was outlined in Allied'sProposal No. 09- 2241, dated August 31, 2009. The following report presents the project information made available to us; our observation of the existing site conditions, the subsurface geotechnical information obtained during this exploration, and our recommendations for geotechnical design parameters. Also included with this report is a boring location plan and the results of our field and laboratory testing. The assessment of the site environmental conditions for the presence of pollutants in the soil, rock, and groundwater at this site was not included as part of our services. We appreciate the opportunity to provide these services to you. If you have any questions regarding this report or if we may be of further service to you, please do not hesitate to call. Sincerely, ALLIED ENGINEERING & TESTING, INC. Christopher Mara ay Staff Engineer. Copies Submitted: (3) Addressee , x ' lu Pail uq?°iet� P.l Hide, Fio:°.rtt,�716 /]III 1 i k \\ J:\Geotechnical'Engineering\Geo Project\2010 ReportsA04853 Naples Manor N Canal Design \40 -6853 Report.wpd 5850 Corporation Circle Fort Myers, Florida 33905 (239) 334 -6833 (239).334- 6614fx •b www.Allied-Engineeriiig.com Fort Myers Sunrise 4 Punta Gorda . Sarasota 10C Naples Manor North Canal Design, Naples, Florida Allied Project No. 4"853 Client: Pitman-Hartenstein and Associates, Inc. October 22, 2010 TABLE OF CONTENTS INTRODUCTION ..... ................................. .......... .... Page I SITE CONDITIONS ............... ............... .................. Page 1 SUBSURFACE EXPLORATION ............. ....... .............. Page I LABORATORY TESTS ...... ................ .......... ............ Page 1 Gradation Tests ................ ............ .............. Page 2 SUBSURFACE CONDITIONS ..__ ...... ........................ .... Page 2 GEOTECHNICAL EVALUATION ........... ............................... Page 3 Ditch Alignment . .......... ...... ............... ......... Page 3 FOUNDATION RECOMMENDATIONS ......... ....... ........ ........... Page 3 BASIS FOR EVALUATION AND RECOMMENDATIONS ..................... Page 4 Figure I - Site Vicinity Map Figure 2 - Soil Boring Location Plan Figure 3 - Soil Boring Profiles Table 1 - Summary of Laboratory Test Results APPENDIX A Soil Test Boring Procedures Classification and Symbols APPENDIX B Gradation Test Results iftGentechnical EnglneaflngXGeo Pfojea=10 Reports%G-6853 Naples Manor N Canal:Designk90 -61153 Report.wpd 110C Naples Manor North Canal Design, Naples, Florida Allied Project No. 40 -6863 Client: Pitman - Hartenstein and Associates; Inc. October 22, 2410 INTRODUCTION Pitman - Hartenstein and Associates, Inc. retained Allied Engineering and Testing, Inc. (Allied) to perform a geotechnical engineering evaluation for the Naples Manor North Canal Design project located in Naples, Collier County, Florida. Refer to Figure 1 for site vicinity map. The purpose of the study was to evaluate subsurface soil and groundwater conditions with respect to the proposed construction of weir structure box culvert and ditch alignment to develop design and construction criteria for the proposed structures Results of the study are presented in this report. SITE CONDITIONS A site reconnaissance was conducted by an engineering representative from our office in September, 2010. The purpose of the site visitwas to observe the existing site conditions in order to detect any conditions which might affect our recommendations. The.site was generally level. No standing water was observed on the ground surface during our drilling. The tested site was covered with grasses and trees. Borings were located in the nearest vicinity of the proposed weir, box culvert and along the ditch alignment. The weir will be a cast in place concrete structure located at Station No. + 39 +25, with bearing elevation + 2.0feef NGVD and existing ground level + 7,5 feet NGVD. The hydraulic head between upper and lower water level will be less than 2 feet. The proposed box culvert will be located at Station No. + 31 +50 with bearing elevation ± 1.0 feet NGVD and existing grades + 7 feet NGVD. SUBSURFACE EXPLORATION The subsurface conditions alongthe proposedweir, box culvert and ditch alignmentwere explored by drilling five (5) borings designated with symbols B -1 through B -5. Boring B -3 from a depth of about feet and boring B -4 from a depth of about feet were advanced as Standard Penetration Test (SPT) borings to a depth of about 10 and 25 feet respectivelly. The soil borings were performed in general accordance with the procedures described in Appendix A. The number, depths and locations of the borings were designated by Pitman- Hartenstein and Associates, Inc. in consultation with Allied. The Boring Location Plan (Figure 2) illustrates the approximate location of the borings. Boring B -4 is located in the nearest vicinity of the proposed box culvert and boring B -5 is located in the nearest vicinity of the proposed weir structure. We did not have access with our drilling rig to the borings B -1, B -2 and B -5, because it.is located in awooded area. Therefore, these borings were performed as a hand auger boring to a depth of about 4 to 6 feet. The subsurface conditions encountered at the test boring locations are illustrated on the Soil Profiles (Figure 3). The test boring profiles represent our interpretation of the soil conditions encountered based on the drillers field logs and visual examination of the soil samples obtained in the laboratory by a geotechnieal engineer. The stratification lines representing the interface between various changes in soil conditions /types are approximate. The actual transition between strata may be gradual. LABORATORY TESTS The laboratory tests were conducted in general accordance with ASTM specifications. The ASTM JAGeotechnical EngineeringkGeo Project12010 Reports140 -6853 Naples Manor N Canal oesignl40 -6853 Report:wpd Page 1 10C Naples Manor North Canal Design, Naples, Florida Allied Project No. 40 -6853 Client: Pitman- Hartenstein and Associates, Inc. October 22, 2010 method number for each test and the number of tests completed are presented in the following table. Gradation. Tests A total of three (3) gradation tests were, performed on samples obtained during the field exploration program. The gradation tests included a determination of the percent passing the No. 200 sieve size. Material passing the No. 200 sieve is considered "fines" and will be either silt or clay. The percent passing the No. 200 sieve, for the tested samples, ranged from 4.1 to 18.8 percent. The particle size distribution curves are presented in Appendix B, and the test results are summarized on Table 1. SUBSURFACE CONDITIONS The subsurface soils have been grouped into 4 strata. The strata groupings are based on soil classifications and our evaluation of the engineering properties of the soil types encountered. Stratum 1 soils consist of light brown to brown, clean to slightly silty sands. These sands are very loose to loose, based on the SPT N- Values. They are encountered from the existing ground surface to a depth in range of about 2 to 6 feet across the tested site. Stratum 2 soils consist of light brown to brown, silty to clayey sands with scattered zones containing some gravel or some shell and gravel. These sands are loose, based on the SPT N- Values. They underlain stratum 1 soils and extend to the depth drilled of about 4 to 6 feet in hand auger borings B -1, B -2 and about 8 to 10 feet in SPT borings B -3 and B -4. Strata 3 and 4 consist of limestone formation encountered in SPT boring B-4. Stratum 3 is well cemented and hard, based on the SPT N- Values. Stratum 4 is very soft, weathered to gravel, silty sand and shell fragments. Stratum 3 is encountered just below stratum 2 soils and extends to a depth of about 18 feet. Stratum 3 is encountered at the bottom of the boring and extends to the depth drilled of about 25 feet. Ground -water levels were encountered at depths of about 3 to 4 feet below the existing grades in the soil borings at the time of drilling. Fluctuations in the groundwater level may occur due to variable rainfall patterns, construction activity, the influence of surface drainage features, and other site specific drainage characteristics. JAGeatechnical EnvnceringlGeo Project\2010 Reporta'r 6853 Naples vimorN Canal Etsienl4"853 Report,W* Page 2 ASTM TEST METHOD TEST UESCRIPTtON NUMBER OF TESTS Soil Classification 21 D -2487 and D -2488 Gradation Analysis..- 3 D-422 Percent Passing No. 200 Sieve 3 D -422 and D -1140 Gradation. Tests A total of three (3) gradation tests were, performed on samples obtained during the field exploration program. The gradation tests included a determination of the percent passing the No. 200 sieve size. Material passing the No. 200 sieve is considered "fines" and will be either silt or clay. The percent passing the No. 200 sieve, for the tested samples, ranged from 4.1 to 18.8 percent. The particle size distribution curves are presented in Appendix B, and the test results are summarized on Table 1. SUBSURFACE CONDITIONS The subsurface soils have been grouped into 4 strata. The strata groupings are based on soil classifications and our evaluation of the engineering properties of the soil types encountered. Stratum 1 soils consist of light brown to brown, clean to slightly silty sands. These sands are very loose to loose, based on the SPT N- Values. They are encountered from the existing ground surface to a depth in range of about 2 to 6 feet across the tested site. Stratum 2 soils consist of light brown to brown, silty to clayey sands with scattered zones containing some gravel or some shell and gravel. These sands are loose, based on the SPT N- Values. They underlain stratum 1 soils and extend to the depth drilled of about 4 to 6 feet in hand auger borings B -1, B -2 and about 8 to 10 feet in SPT borings B -3 and B -4. Strata 3 and 4 consist of limestone formation encountered in SPT boring B-4. Stratum 3 is well cemented and hard, based on the SPT N- Values. Stratum 4 is very soft, weathered to gravel, silty sand and shell fragments. Stratum 3 is encountered just below stratum 2 soils and extends to a depth of about 18 feet. Stratum 3 is encountered at the bottom of the boring and extends to the depth drilled of about 25 feet. Ground -water levels were encountered at depths of about 3 to 4 feet below the existing grades in the soil borings at the time of drilling. Fluctuations in the groundwater level may occur due to variable rainfall patterns, construction activity, the influence of surface drainage features, and other site specific drainage characteristics. JAGeatechnical EnvnceringlGeo Project\2010 Reporta'r 6853 Naples vimorN Canal Etsienl4"853 Report,W* Page 2 10C w Naples Manor North Canal Design, Naples, Florida Allied Project No. 40 -6853 Client: Pitman- Hartenstein and Associates, Inc. October 22, 2010 GEOTECHNICAL EVALUATION The geotechnical evaluations for this project are based on the subsurface soil and groundwater conditions encountered during this study, the project information made available, and our site observations. The soil boring data has been evaluated with established correlations between N- values similar to those recorded at this site and the observed performance of similar type soils. Ditch Alignment The existing ditch drains and accommodates storm water collected from the nearest vicinity. We understand that the ditch may be modified to improve storm water drainage capacity. The encountered near surface soils, clean to silty or clayey sands, are suitable for use as embankment and structural fill material. Roots and other organic material encountered during excavation should be removed. The soils excavated from below the groundwater level should be allowed to dry prior to placement and compaction. This can be accomplished by spreading them in relatively thin lifts on the surface to be filled, and allowing them to dry prior to compaction. The silty or clayey sands may be mixed with cleaner sands to improve their workability. The sandy soils may be excavated with heavy earthmoving equipment such as large backhoes. The excavation of the hard limestone layers may require blasting. Excavation side slopes will slough back to the natural angle of repose, below the water table. The natural angle of repose for the sands will be about 280 to 300, Slope stabilization will be required if steeper slopes are needed. These soils are also prone to erosion, and side. slopes above the proposed water elevation in the pond should be provided with erosion control, such as vegetation or geosynthetic materials. Landiok turf reinforcement mats (TRMs), three- dimensional geosynthetic systems that create matrices with numerous void spaces, may be used for erosion control. Through soil filling, sediment retention, and proper seeding, vegetation develops within the complex matrix and into the soil beneath, anchoring the entire structure firmly to the ground and protects soil from erosion. Woven and non -woven fabrics provide a broad range of option to the engineer designing erosion control system. The determination of which erosion control fabric is appropriate should be made by a qualified engineer based on soil type, pond slope, costs, and aesthetic appearance. Based on our field and laboratory test results, a confining layer containing a low permeability material, bounding one or more aquifers, was not encountered throughout the tested area. FOUNDATION RECOMMENDATIONS Based on the proximity of boring B -4, we predict that the proposed weir structure will be founded on silty to clayey sands (stratum 2) underlain with the hard limestone formation_ The very loose to loose silty to clayey sands shall be compacted to 95% of the Soil Modified Proctor Maximum Dry Density (ASTM D4557) in lifts not more than 12 inches in thickness. The compaction shall be performed to a minimum depth of 4 feet below the proposed bearing elevation or to the top layer of the limestone strata. J:1Geotec[ mica[ Engineeniy iGeo Proiect2010Reportsl40 -6553 Maples Manor M Canal DesignAM853 Report.,%%* Page 3 lOC Naples Manor North Canal Design, Naples, Florida Allied Project No. 40 -6853 CIient: Pitman- Hartenstein and Associates, Inc. October 22, 2010 Because the hydraulic head will be less than 2 feet, we do not predict that the lateral water pressure on the structure, or the potential for piping of the near - surface soils caused by the upward seepage forces will require a specific structural conditions. However, the weir structure shall extend a minimum 6 feet into the canal banks to protect the structure against lateral erosion of soils around the weir. The proposed box culvert will be founded at elevation + 1.0 feet NGVD or about 6 feet below existing grades. The proposed box culvert location was not accessible to our drill rig. We performed a hand auger boring (B -5) at this location. Based on the soil profiles in boring S -4, drilled in the nearest vicinity of the proposed box culvert, the structure will be founded on the silty to clayey sands, underlain with the limestone formation. The in situ soils beneath the foundation shall be compacted to 95% of the Soil Modified Maximum Dry Density (ASTM D -1557) in lifts not more than 12 inches in thickness to the top layer of the iimestone deposit. The proposed box culvert shall be designed for allowable bearing pressure of 2,000 psf. The settlement of the box culvert designed with the above recommendation is estimated to be less than 0.75 inches total and 0.5 inches differential. In lieu of compaction of the in -situ soils beneath the proposed structures, the soils may be overexcavated to the limerock layer and back filled to grade with #57 stone. If this option is chosen, an allowable bearing capacity of 2500 psf may be assumed for each structure. BASIS FOR EVALUATION AND RECOMMENDATIONS The evaluation and recommendations of this report are based on the information provided and the soil conditions encountered at the specific boring locations. These recommendations apply only to the specific project and site, If there are any changes to the project information discussed in this report we should be contacted to review the changes and modify our recommendations, if necessary. The construction procedures and geotechnical conditions encountered should be observed by experienced geotechnical personnel. This is necessary since the conditions encountered in the soil borings performed forthis study could change between the borings and the conditions may not be the same as those anticipated by the designers or contractors. Additionally, the soils could be altered by the construction process. If changes in the soil conditions are encountered or if the procedures are not adequate, this information should be reported to the design team so that timely recommendations can be prepared to solve the problem. Based on Al lied Engineering & Testings' familiarity with the project, the subsurface geotechnical conditions, and the intent of the recommendations; we recommend the owner retain our firm to provide the necessary site observations and testing. We wish to remind you that our exploration services include storing collected samples and making them available for inspection of 60 days after submittal of our report. The samples are then discarded unless you request otherwise. JAGeotechnical EngineeringlGeo Projec Wl() RepodsWM953 Naples.Ivlanar.N Canal amignWG -6853 Rcpon..wo rage 4 r V z Z °AP31-7 to (uj eY4 I— W' r Q� Z Q loc E O v C .0 m G7 O1 r (Y) msn co �r r' T ED m Z a O � ❑ m ox ti �g z a� c ui rn m '0 � U a� . a W o w c W M Q m Z ' df U �_ Q � 0. Ui �5: r n o N o U `j LLJ LB [6 7S �� aAV sexa e6 U3 am (� 1, P^IE3 e;sn6n LL ✓ ';' L a z ci CD fE LL n o _j W C r t] a E.IJ ui D to z Q tz 0 M _U � o LL W. ff. Z °S G S _ 0.. 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October 22, 2010 SOIL TEST BORING PROCEDURES The soil test borings for this geotechnicall study were performed in general accordance with ASTM D-1586 standard specifications. In the Standard Penetration Test a 1.4 inch I.D., 2.0 inch O.D., splitbarrel sampler is driven into the soil at the test depth with a 140-pound hammer failing 30 inches Dependent upon the soil conditions encountered, the boring is advanced by rotary drilling proced-ures or continuous sampling. With either method the borehole is stabilized with a viscous bentonite drilling fluid. The number of blows necessary to drive the hammer 18 inches or until 50 blows results in less than 6 inches of penetration is designated as the Standard Penetration Test. The number of blows for each 6 inches of penetration is recorded. The first 6 inches of penetration is considered to be a seating drive and the remaining 12 inches is the Standard Penetration Resistance Test Value (N-Value).. Upon completion of the penetration test, the sample retrieved from the split barrel sampler is classified in the field by the driller and a representative portion is placed in a sealed glass jar. The samples are then transported to the laboratory for visual classification by a geotechnical engineer and further laboratory testing, if necessary. JAGcot=hnical EngincerbigkGeoP'mjectk2OlOReportsAO-6953 Naples Manor N Canal DcsignW0-6853 ReporvvYpd 10C Naples Manor North Canal Design, Naples, Florida Allied Project No. 40- 6853 Client: Pitman- Hartenstein and Associates, Inc. October 22, 2010 SOIL CLASSIFICATION N -VALUE - STANDARD PENETRATION RESISTANCE TEST VALUES, BLOWS PER FOOT FtGeotecimical HnginectinglGco ProjectU010 Reports14"853 Naples Manor N Canal Designk30 -6853 Rcpon.wpd CLASSIFICATION CORRELATION OF N- VALUES CORRELATION OF N- VALISES WITH RELATIVE DENSITY AND CONSISTENCY WITH HARDNESS DESCRIPTION FINES CONTENTS COHESiONLESS SOILS SILTS AND CLAYS LIMESTONE RELATIVE slightly silty RELATIVE N -VALUE DENSITY N -VALUE CONSISTENCY N -VALUE DENSITY 0 -4 VERY LOOSE 0 -2 VERY SOFT 0 -19 VERY SOFT S -10 LOOSE 3 -4 SOFT 20 -49 SOFT 11 -30 MEDIUM DENSE 5 -8 FIRM 50 -100 MEDIUM HARD silty, clayey 9 -15 STIFF 50 for 2 to MODERATELY 5 inches HARD 31 -50 DENSE 16 -30 VERY STIFF over 50 VERY DENSE 31 -50 HARD 50 for 0 to HARD 2 inches over 50 VERY HARD FtGeotecimical HnginectinglGco ProjectU010 Reports14"853 Naples Manor N Canal Designk30 -6853 Rcpon.wpd MODIFIERS APPROXIMATE APPROXIMATE SAND/ FINES CONTENTS MODIFIERS GRAVEL CONTENT MODIFIERS 5%-15% slightly silty slightly clayey 5 -15% slightly sandy slightly gravely 15%-25% with silt 15%-25% with sand with clay with gravel 25-49% sandy, gravelly 25%-49% silty, clayey FtGeotecimical HnginectinglGco ProjectU010 Reports14"853 Naples Manor N Canal Designk30 -6853 Rcpon.wpd ll • IN 11110 mi,1111 wool , iiiiiiin�milill HIM RUN Up ll@Eilll k MINN■ 1111111 in 1111111 0 Moll iismilii Hilil■ !I lin ■ HIM i1f1111■mIII11 Il1 IIIIIII■ 11 Up =IIIIII OPIUM ■ 11 RUN ION :,11 ■ ■IIIIIII ■ ®1 111111■ ■Eli INN UPON HIM liiiiii MINE! 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RUN IN oil NONE liiill1 MINE 111111�� IIIIIIIN I IN I M11110 IN HIM 11S 1 i11111 1 1111111� IIn111s t Y.Y Y UAc' M--�� s s •. •A { MA 91 10C EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.coiliergov.nettbid/ 93 Construction Services Agreement: Revised 6/112011 SoLTTH FLORIDA WATER MANAGEMENT DISTRICT LOWER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901 (239)338 -2929 • FL WATS 1- 800 -248 -1201 • Suncom 748 -2929 Fax (239) 338 -2936 • www.sfAmd.gov/iwc/ CON 24 -06 Application No.: 110301-18 General Permit No.: 11- 03238 -W May 2, 2011 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 2885 HORSESHOE DRIVE S NAPLES, FL 34104 Dear Permittee: SUBJECT: General Water Use Permit No.: 11- 03238 -W Project: NAPLES MANOR NORTH CANAL Location: COLLIER COUNTY, 819; 20, 29, 30I T50S[R26E Permittee: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C This letter is to notify you of the District's agency action concerning your Notice of intent to Use Water. This action is taken pursuant to Chapter 40E -20, Florida Administrative Code (F.A.C.). Based on the information provided, District rules.have. been adhered to and a General Water Use Permit is in effect for this project subject to 1. Not receiving a filed request for Chapter 1.20; Florida Statutes, administrative hearing and 2. The attached Limiting Conditions. The purpose of this application is to obtain a Water Use Permit for dewatering to facilitate improvements to approximately 6,200 linear feet of the existing Naples Manor North Canal. Withdrawals are from the Water Table Aquifer via three proposed withdrawal facilities. This Permit has a five - year expiration date., however, the permit duration is one year from the commencement of dewatering operations. The applicant shall notify the District at least 72 hours prior to commencement of dewatering. A copy of the permit, with its limiting conditions and dewatering plan, is required to be kept on -site at all times during dewatering operations by the lead contractor or site manager.. The Permittee shall not withdraw more than 1,800 million gallons in the duration of this permit, nor more than 10 million gallons per day. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. �� DISTRICT.HEADQUARTERs: 3301 Gun Club Road,.P.O.: Box 24680, West Pa[m Beach,.FL33416 -4680 (561) 686 -8800 • FL WATS'1- 800432 -2045 I 0C M Application Number: 110301 -18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS May 2, 2011 Page 2 Date Of Issuance: May 2, 2011 Expiration Date: May 2, 2016 Water Use Classification: Dewatering Water Use Permit Status: Proposed Environmental Resource Permit Status Modification Permit 1217 Cocurrrntly WithAppl cat onNo. 101-4. Right Of Way Permit Status: Not Applicable. Surface Water From: Water Table aquifer Permitted Allocation(s): Annual Allocation: 1,800,000,000 Gallons Maximum Daily Allocation: 5,760,000 Gallons Proposed Withdrawal Facilities - Surface Water Source: Water Table aquifer 1 - 8" X 50 HP X 2000 GPM hydraulic Pump 2 - 6" X 30 HP X 1000 GPM hydraulic Pumps Rated Capacity MGM MGY Source(s) Status Code GPM MGD Water Table aquifer P 4,000 5.76 175.1 2,102 l Totals: 4,000 5.76 175.1 2,102 10C Application Number: 110301-18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS May 2, 2011 Page 3 Should you object to the Limiting Conditions, please refer to the attached Notice of Rights which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have questions concerning this matter. If we do not hear from you prior to the time frame specified in the Notice of Rights, we will assume that you concur with the District's recommendations. certificate Of Service I HEREBY CERTIFY that a Notice of Rights has been mailed to the addressee not later than 5:00 p.m. this 2nd day of May, 2011, in accordance with Section 120.60(3), Florida Statutes. Y�ia y, J, dle , E. Section Leader Water Use Regulation Division WJF /jr Certified Mail No.: 7010 1060 0000 7593 5547 Enclosure c: Cardno Entrix Collier County Stormwater Division 10C Application Number: 110301 -18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS May 2, 2011 Page 4 Limiting Conditions 1. This permit shall expire on May 2, 2016. 2. Application for a permit modification may be made at any time. 3. Water use classification: Dewatering water supply 4. Source classification is: Surface Water from: Water Table aquifer 5. Permittee shall not withdraw more than 1800 million gallons in the duration of this permit, nor more than 10 million gallons per day. 6. Pursuant to Rule 40E- 1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E- 1.6107, F.A.C. Pursuant to Rule 40E- 1.6107 (4), until transfer is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E- 1.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: Collier County Board of County Commisssioners 2885 Horseshoe Drive South Naples, FL 34104 7. Withdrawai Facilities: Surface Water - Proposed: 1 - 8" x 50 HP X 2000 GPM hydraulic Pump 2 - 6" x 30 HP X 1000 GPM hydraulic Pumps 10C Application Number: 110301 -18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS May 2, 2011 Page 5 Limiting Conditions 3. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 9. Permittee shall mitigate harm to existing off -site land uses caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction of the water body. in cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g. fill for construction, mining, drainage canal, etc.) (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. Application Number: 110301-18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS May 2, 2011 Page 6 Limiting Conditions 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (1) Reduction in ground or surface water levels that results in harmful lateral movement of the fresh water /salt water interface, (2) Reduction in water levels that harm the hydroperiod of wetlands, (3) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (4) Harmful movement of contaminants in violation of state water quality standards, or (5) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification, enforcement action, or revocation. 12. Authorized representatives of the District shall be permitted to enter, inspect, and observe the permitted system to determine compliance with special conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E -2, Florida Administrative Code. 15. Permittee shall submit all data as required ivis on MSC 2420 P O implementation schedule Bo 24680 x e West Pahm limiting Beach, conditions to: SFWMD, Regulatory Support FL 33416 -4680. 16. The Permittee is advised that this Permit does not relieve the Permittee of complying with all county, state, and federal regulations governing these operations, maintenance, and reclamation of the borrow pit. 17. All dewatering water shall be retained on the Permittee's land. Off -site discharge of dewatering effluent shall not be made. 18. The excavation shall be constructed using sound engineering practice. If the excavation endangers the properties of adjacent owners through erosion, side wall collapse, etc., the Permittee shall cease operation upon notification by the District until a method to prevent such occurrences is found and instituted. 19. Permittee shall immediately cease dewatering when continued dewatering would create a condition hazardous to the health, safety, and general welfare of the people of the District. 20. Permittee shall be responsible for clearing shoaling if the Permittee's dewatering operation creates shoaling in adjacent water bodies. 10C Application Number: 110301 -18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS May 2, 2011 Page 7 Limiting Conditions 21. Permittee shall comply with turbidity and general water quality standards for surface discharge into receiving streams, as established by Chapter 62 -302, Florida Administrative Code. 22. Permittee shall not lower the water table below the following depths: 1 foot National Geodetic Vertical Datum (NGVD) or approximately 7 feet below land surface (bls). 23. A copy of the permit, its limiting conditions, and dewatering plan is required to be kept on site at all times during dewatering operations by the lead contractor or site manager. 24. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40E -21, F.A.C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E -21, F.A.C. 25. At least 72 hours prior to initial dewatering, the Permittee shall notify the District that dewatering is about to commence and verify all precautions are in place prior to project commencing with pumping operation, including: A) The location and design of the recharge trenches and on -site retention areas where dewatering water will be retained. B) The location of monitoring facilities, and C) Other appropriate site - specific issues related to the protection of the resource or other existing legal users. Failure of the permittee or his representative contractor to notify the District before dewatering is initiated will result in enforcement action. If necessary, the District shall conduct a site visit. Notification of commencement of dewatering can be made by contacting: Scott Korf at 239 - 338 -2929. 26. Dewatering is authorized by this permit for a duration of one year from the date provided to the District by the Permittee in accordance with the notification requirements as stated in the Limiting Conditions of this permit. 27. The Permittee shall conduct dewatering activities in adherence to the following operating plan: Dewatering operations will utilize three surface water pumps as described in Exhibit 4. Dewatering operations will follow the dewatering plan provided in Exhibit 5 and illustrated on Exhibit 6. Dewatering flow calculations are included as Exhibit 7. All dewatering effluent shall be retained on -site with no off - site discharge. 10C Application Number: 110301-18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS May 2, 2011 Page 8 bc:John Randall C. Tears P. McGary Permit File S. Korf WU Compliance - T. Schwetje ADDRESSES Cardno Entrix Attn: David Hire 1388 Colonial Boulevard Fort Myers, FL 33907 Collier County Stormwater Division 2885 S Horseshoe Drive Naples, FL 34104 NOTICE OF RIGHTS 10C As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING. A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. Filings by hand- delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. Filings by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682 -6010. Pursuant to Subsections 28- 106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev. 07/01/2009 10C Initiation of an Administrative Hearing Pursuant to Rules 28- 106.201 and 28- 106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain: I. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. if disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 106.401 -.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. 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Uzi (�� SsTi OByi, Re" t WE'47 4i f y�rV J i ,y ta;rq a ARAFfAHOJTRLL., �Q- zzt: i d ; ti„�_ PANDA'BEARRD «" � �TALL�OAKiRD}3 i ba, 7 I rxd t; .,.......!, 0- 3.`,i5 ^..�'.4.€ x` `.�.. .'i�b:': 11 AUGUSTA ✓� 4 4 J .i Y, iy Sf OAS $� t S' v, t �v. t all r fST A f L } C {R� 6NVP s O 1" NDR .,!' -. 3 •. �V�n n �f' _ � � �[` 1 fit..._ f e 1 4"b.� � •d G A+ '. i C 4 � E.# � �,.0� d�,Q :. �y xs r EAM CIR O r >f iVALLEY STR {� [� �aDIXIE DR ;P 3 *`CONFEDERATEtDRh i V j, G 0) m CL m Lt! J m H ao r r O PAY 0 G! 0 m a [I loc r 0 r 0 w C v c W c Q rn N c o � W cfl rt O � •c C, m m r m Cl) c`c °o m � ° rn E c 3 (D � (n (n > a- o° CD Z W �' e °� lD o L 0-- c ❑ i6 }j N r c°° Z L m r r L� v� = 4 � D > cu a. d � G O o W H W 3 C• N o C L CL a C ui a, E - 0 d G m y I N (n U) W L o0 NO LO Z co �' 'T (D � I a 3: N w - c W N c � N N U O W C 7 Lo C C CC m � O a O O w 7 •C 3 0) N_ m c N Y) U) a. r cc r c°° Z r- r L� v� = 4 � D > a. d � G O o W H - � 3 C• C7 z o a CL a C CL O` a, E - 0 d G m y I C V O C tm H w yJ C7 Z, �. a c0 c. O ° L. U W z S CL m a s ° 0 m K >> 3° d o' d d H IL z2 U. w0. o a a 4 w E 0w"- < w Exhibit No. 4 Chapter 4 Project Description 10C 4.1 MininglDewatering Operation This application is for a Water Use Permit for Short -Term Dewatering to allow for the installation of three sets of culverts and one weir structure in an existing segment of the canal. The Naples Manor North Canal project extends from U.S. 41 and trends about one mile to the east. Dewatering will not be needed for the linear portions of the project as the existing canal requires minimal deepening and modifications to the slopes and canal banks will be performed wet. The existing land surface elevation in the area of the project ranges between +4 NGVD (western portion) and +8 NGVD (eastern portion). The finished canal dimensions will be about 70 feet wide at the top of bank, with sloped banks, about 30 feet wide at the bottom, and a bottom elevation of +1 feet NGVD. Dewatering will be required at four locations along this segment of the canal for the installation of a control structure and three sets of culverts. Tile project also includes other culverts, however, these culverts will be set higher on the canal bank and will not require dewatering during installation. The maximum depth of excavation will be -1 feet NGVD and the maximum dewatering depth will be 0 feet NGVD for the installation of the control structure and box culverts. The remaining 3 locations needing dewatering for the installation of culverts will require dewatering io a depth of +1 feet NGVD. To aid in assessing the subsurface lithology of strata to be dewatered and excavated at the site Cardno ENTRIX reviewed a report prepared by Allied Engineering & Testing, Inc. entitled "Naples Manor North Canal Design, Naples, Florida" (October 22, 2010). Refer to Exhibit E for a copy of the soil boring report. AIlied Engineering advanced a total of 5 soil borings on -site using Hand Auger and Standard Penetration Techniques; borings ranged in depth from 4 to 25 feet below land surface. Refer to Exhibit E for a copy of the soil boring report. Soil borings were located along the proposed weir, I box culvert and ditch alignment. Review of the soil boring logs indicates that the upper 7.5 feet of strata consists of fine sand and silty to clayey sand. Soil borings do not indicate the presence of any confining layers within the proposed excavation depth. These boring logs eonfirm that Iimestone is not present at the depth of proposed excavation of -1 feet NGVD, Based on the lack of high permeable sediments noted in the soil borings, minimal dewatering will be required to dewater excavation areas. A pumping rate of one million gallons per day is expected to be sufficient to dewater the excavation areas. However, more than one area may be dewatered at any one time and higher than anticipated pumping rates may be needed. Assuming a 1,000 gpm capacity pump operational per dewatering area and two areas being dewatered simultaneously, the average daily dewatering rate would be approximately 2.9 MGD. Higher shalt term dewatering rates may be necessary to lower water levels, however maximum daily pumpage will be less than 10 MGD. February 2011 Cardno ENTRIX Propedy Description 4 -1 AW%i s&mWR&Atsa"es. b=V%040MD0&dh 6Mmd tpl EXHIBIT 5 Application No. 110301 -18 Page 1 of 4 10C Naples Manor North Canal improvement Project Short -Term Dewatering water Use Permit Application Dewatering is expected to be limited to construction areas needed for the installation of three sets of culverts and one control structure. Canal excavation, to the maximum depth of +1 feet NGVD, and modification to canal slopes will be performed wet. Impoundment areas will be constructed near the areas being dewatered to hold dewatering effluent. Impoundment areas will have emergency overflow pipes /trenches that will discharge excess water back to the area being dewatered if impoundment areas reach their capacity. The features that will require dewatering will be accomplished so that the canal will remain open to allow water to flow downstream, if needed. By-pass channels consisting of temporary culverts will be installed to maintain open flow in the canal. All dewatering effluent will be stored within impoundment areas and no off -site discharge will be allowed, Saline water intrusion is not expected to be an issue for this project due to its inland location and the maintenance of water in and near the canal system during construction. 4.2 Method of Excavation Excavation will be performed with the use of backhoes and trackhoes_ 4.3 Maximum Elevation of Excavation The maximum depth of excavation will be to -1 feet NGVD. 4.4 Maximum Elevation of Dewatering Dewatering is proposed to lower water to a depth of d feet NGVD. 4,5 Areas that will be Dewatered Dewatering will be performed in four locations for the installation of one control structure and three sets of culverts. 4.6 Method of Dewatering The dewatering requirements of the project are anticipated to be completed with the use of one fl- inch diameter surface water pump rated at 2,000 gallons per minute and two 6 -inch surface water pumps rated at 1,000 gallons per minute (refer to Table B). Smaller pumps may be used but a maximum discharge rate of 10 million gallons per day (MGD) will not be exceeded. 4.7 Flow Volume Calculations Cardno ENTRIX estimates that this projeet will require 58 days of dewatering and a total pumpage of 58 million gallons (refer to Table C -1). This estimate is based on conversations with the engineer regarding construction operations, evaluations of permeability from soil boring performed at the site, and on the time expected to install the structures. February 2011 Cardno ENTRIX Project uescripuon a -c Pf m-PaAeaWn &Aasaarder. N¢.g5504a090,a011Nt.sMrM_ rpl EXHIBIT 5 Application No. 110301 -18 Page 2 of 4 10C Chapter 5 Dewatering Water Discharge 5,1 Dewatering Water Storage and Discharge Separate dewatering operations will be performed at four locations for the installation of stormwater utilities at the project. Refer to Figure B -2 for a map showing the locations where dewatering will be required. The easternmost dewatering area (areal) will be for the installation of a control structure and replacement of an existing culvert. During the installation of the control structure, the existing culvert will be extended to keep the canal channel open (refer to Figure B -3 for detail of the control structure dewatering and culvert). The construction area will be blocked off from the canal using sheet piles or stabilized earthen dikes and dewatering effluent will be discharged to impoundment areas on the east and west side of the construction area. The impoundment areas will have emergency overflow pipes that will direct water back to the construction area if the impoundment areas reach capacity, If the impoundment areas reach capacity, dewatering will be stopped until water levels recede or until more storage capacity is constructed. Dewatering effluent will not be discharged off -site. Three additional culvert locations will require dewatering due to their invert elevation of +1 NGVD. All of these culverts are located on the north side of the canal. The areas to be dewatered will be isolated with berms or sheet piles and dewatering effluent will be stored within impoundment areas located near the areas being dewatered. Emergency overflows will be installed to direct water back to the construction area if the impoundment areas reach capacity. Existing water channels will be kept open using diversion ditches or pipes to allow water to flow around dewatered areas. These areas have been designated as culvert areas 2, 3, and 4 for this report. Refer to Figure B -2 for the dewatering locations and to Figures B -3, B -4, B -S, and B -6 for figures showing the dewatering details at each location. 5.2 Retention of Water On-Site Dewatering effluent generated during dewatering operations will be maintained on -site within impoundment areas located near the areas being dewatered. The main channel of the canal will remain open and will allow stormwater to discharge, if needed. Floating turbidity barriers, slit fences, bales, and other turbidity reduction measures will be installed as needed for turbidity and sediment control. Impoundment areas receiving discharge water will be equipped with emergency overflow pipes. The overflow pipes will direct water back to the area being dewatered, if impoundments reach their storage capacity. If storage capacity is reached, dewatering operations will be stopped until water levels recede or until additional storage capacity is construeted. Dewatering effluent will not be discharged off site. 5.3 Sensitive Area Protection The site is located in a residential area and there are no wetlands or sensitive areas located in this footprint of the project. Dewatering effluent will be kept on site within impoundment areas February 2011 Cardno ENTRIX Dewatering water ulscoarge o-1 Pikw4iukmtln&Asndales,Inc.1I550M QW%dh.sMnd_Mr_epl EXHIBIT 5 Application No. 110301 -18 Page 3 of 4 100 Naples Manor North Canal Improvement Project Short -Term Dewatering Water Use Permit Application located near areas being dewatered. The impounded dewatering effluent and the maintenance of the canal flow will provide hydraulic barriers reducing possible impacts to off -site areas. 5.4 Wetland or Sensitive Areas Adjacent to the Project Wetlands are located on the east boundary of the project site. No dewatering is proposed in the area. Potential impacts to off -site areas will be off -set by performing dewatering in segments and impounding water near the dewatering point. Dewatering locations will not be stationary for more than several weeks. Due to the shallow depth and short duration of dewatering, no adverse impacts are expected to off -site wetlands. 5.5 Modeling Modeling has not been completed for this project. February 2011 Cardno ENTRIX Devratering water utscnarge 3•z R6nn•Hanensleln&M -13ir, 1W.050AUDS0.000ts"_ 00 EXHIBIT 5 Application No. 110301 -18 Page 4 of 4 a t� it) (F (l i{ r 1 T � tj 4 t i S ►" "`3(t 1 I � t1 1 Y�1 t j 1 e, ;s Y 1 �frs � y a t� it) (F (l i{ r 1 T � tj 4 t i S ►" "`3(t t1 1 Y�1 t j 1 Y �frs + 4 / � 'V I Fiji � t,, A-1 450 A il WA- va� Fiji � t,, A-1 WAR_ N 3r 10C cn cs EXHIBIT 6 Application No. 110301-1.8 Page 2 of 5 450 WAR_ N 3r 10C cn cs EXHIBIT 6 Application No. 110301-1.8 Page 2 of 5 10C EXHIBIT 6 Application No, 110301 -18 Page 3 of 5 IOC EXHIBIT 6 Application No. 110301 -18 Page 4 of 5. 1 U l; EXHIBIT 6 Application No. 11.0301 -18 Page 5 of 5 10C TABLE C•1: Estimated Project Dewatering Time and Pumpage Requirements Dewatering Area Days of Dewatering Pumpage Rate (MGD) Total Dewatering Requirement (MG) Control Structure 30 1 30 Culverts 1 14 14 Culverts 2 5 1 5 Culverts 3 5 1 5 Total 54 54 EXHIBIT 7 Application No. 110301 -18 Page 1 of 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 11- 01140 -S DATE ISSUED:April 25, 2011 Form #0941 08/95 PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 2885 HORSESHOE DRIVE S NAPLES, FL 34104 10C PROJECT DESCRIPTION: This application is a request for a General Permit Modification authorizing construction and operation of a surface water management system serving a 13.4 acre project known as LASIP Naples Manor North Canal Improvements with discharge to the Lely Manor Canal. PROJECT LOCATION PERMIT DURATION COLLIER COUNTY, SEC 20, 29 TWP 50S RGE 26E See Special Condition No:1. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 101217 -4, dated December 17, 2010. This action is taken pursuant to Rule 40E -1.603 and Chapter 40E-40 , Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 19 General Conditions (See Pages : 2 - 4 of 6), 3. the attached 19 Special Conditions (See Pages : 5 - 6 of 6) and 4. the attached 3 Exhibit(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on this 25th day of April, 2011, in accordance with Section 120.6 ) lorid to rtes. /f BY: (µ Philip Flood Jr. Director, Lower West Coast Collier County Service Center Certified mail number 7009 1410 0001 8012 3872 Page 1 of 6 10C EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: / /bid.colliergov.net/bid/ 94 Construction Services Agreement: Revised 6/112011 COLLIER COUNTY TRANSPORTATION SERVICES DIVISION'' STANDARD OPERATING PROCESSES (SOP) MANUAL EFFECTIVE DATE: June 30, 2008 REVISED: PAGES: 1 DEPARTMENT: Transportation Services Division SECTION: Entire Division SUBJECT: Standards for design and As -Built electronic drawings submittals A. PURPOSE: To establish standards for electronic design drawings and as -built drawings for capital improvements within County road right -of -ways that allows efficient migration of the data to the County's geographic information system (GIS). B. OVERVIEW: Microstation and AutoCAD are the accepted software for electronic drawings for design and as -built drawings because they offer statewide or national standards, including layering of information. The intent of the layering standard is to promote consistency between drawings, and maximize the reusability of drawing data. The effective use of layering standards also facilitates the efficient transfer of data to shared graphical information for display, editing and plotting purposes. Layer /Level naming conventions must be followed for approval. C. PROCESS: 1. The design section of the Transportation Engineering and Construction department will include the As -Built specifications in any new design contract. 2. The consulting firm will provide all design plan submittals (30 %, 60 %, 90 %) and As -Built plans in electronic format per specification. 3. The Project Manager or construction engineering inspector (CE1) will verify and certify quality control of electronic submittals. 4. Once the CEI verifies quality control by signing off on submittals, the information I ill be sent to the Transportation Division's gate keeper, Applications Analyst, Jin Xue. 5. Applications Analyst, will update the GIS layers and then send email to all parties involved to notify of update. The information will also be sent to other divisions as appropriate. This information will also be published on our website by TECM's Administrative Assistant, Ana Fuentes. 6. After the GIS layers have been updated and published, the file will be sent to Ray Magsumbol for record keeping and filing. D. CURRENCY: The following staff members are responsible for updating this process and for notifying the Operations staff of any changes required to this original document: Jean Xue, Tania Delgado, Julio Ordonez and Steve Preston. DIV 1.A.1 10L COLLIER COUNTY TRANSPORTATION SERVICES DIVISION STANDARD FOR DESIGN AND AS -BUILT ELECTRONIC DRAWINGS PURPOSE: To establish standards for electronic design drawings and as-built drawings for capital improvements within County road right -of -ways that allows efficient migration of the data to the County's geographic information system (GIS). INTRODUCTION: Microstation and AutoCAD are the accepted software for electronic drawings for design and as-built drawings because they offer statewide or national standards, including layering of information. The intent of the layering standard is to promote consistency between drawings, and maximize the reusability of drawing data. The effective use of layering standards also facilitates the efficient transfer of data to shared graphical information for display, editing and plotting purposes. Layer/Level naming conventions must be followed for approval. Standards Information: * For Micr ostation : Refer to the Florida Department of Transport (FDOT) standards for Microstation standards at: http• / /www dot state fl us /ecso/ downloads /publications /CriteriaHandBook/ For AutoCAD: Refer to the National Cad Standards (NCS) for AutoCAD files standards at: http://www.nationalcadstandard.orQ/abopLDhp for latest edition and layering guidelines. 2: Requirements: The deliverable must follow Map Projection, Horizontal and Vertical Datum requirements as below. * Map Projection: All projects, independent of approval date, must be submitted in the correct coordinate system — The Projected coordinate system is NAD_1983 State Plane, Florida East FIPS 0901, US feet, Projection is Transverse Mercator and geographic coordinate system is GCS — North _ American -1983. If any as -built is submitted in a different coordinate system, or no coordinate system, it will be rejected and deemed as an unapproved project by the Transportation Services Division. It will require further manipulation to meet the standards required for as -built electronic files before reaching approval and signed off status by the Transportation Services Division. * Horizontal Datum: D North American 1983. * Vertical Datum: North American Vertical Datum — NAVD 88. * Data Set Accuracy: Specifying one set of numeric accuracy values is not practical for all construction methods. Therefore, each set of drawings must specify and attest to the accuracies being provided within the metadata. * Data Development Applications: Accepted software applications: Microstation V8 AutoCAD Land Development 2004 (or higher) or AutoCAD Civil 3D 2007 (or higher). * Data Delivery Media: Acceptable delivery media: CD (Compact Disk) DVD (Digital Video Disk) Unacceptable delivery media: Floppy disks and Zip disks. If data is submitted using floppy or zip disks, they will be returned as incomplete project submittals. 3: Drawing Composition: 10C * All AutoCAD / Microstation drawings shall be purged of empty, unused, or non - essential drawing data prior to submittal to Collier County Transportation Services Division. This includes all unused layers /level, linetypes, blocks, fonts and entities. * AutoCAD / Microstation drawings shall not contain any unused frozen layers / levels. All unused entities on frozen layers/levels should be erased, and the empty layers /levels purged. * AutoCAD / Microstation drawings shall not contain multiple overlaid lines or lines with multiple segments unless the overlaid lines or adjacent line segments are assigned to different layers. * Survey data shall be included in the AutoCAD/ Microstation drawings and placed on the appropriate layers. (Survey points must use the _ PNEZD comma delimited format). * Survey reference points and benchmark data must be clearly labeled with their coordinate values on the plan set. 4: Entity Properties: To ensure the integrity of the original drawing when viewing or printing, it is essential that AutoCAD / Microstation entities are created following these standards: * Entity colors shall be defined by layer / level, not by entity. * Blocks shall be defined (created) on layer / level 0 (zero). * All attributes shall be defined on layer / level 0 (zero). 5: Model Space (for Auto CAD) / Design Models (for Microstation) and Paper Space (for Auto CAD) /Sheet Models (for Microstation) Usage: These guidelines are suggested for using Model Space / Design Models and Paper Space /Sheet Models effectively: * Place title blocks, schedules and general notes at full -scale in Paper Space / Sheet Models whenever possible. * Label scaled viewports with the appropriate scale in Model Space / Design Models. * Do not place or draw model - related blocks, tags and objects in Paper Space / Sheet Models. * Draw all Model Space / Design Models objects at full scale. * Scale objects using Paper Space / Sheet Models viewports — Zoom viewports to the appropriate scale. 6: External References — XREF's: External References (XREF's) contained in AutoCAD drawings created outside of Collier County Transportation Services Division can result in content discrepancies in the delivered drawing set. In some cases XREF's may be permissible, however this arrangement must be worked out in advance with Collier County Transportation Services Division. To ensure the integrity of the drawing set, and minimize potential problems: * AutoCAD drawings submitted to Collier County Transportation Services Division shall not contain any XREF's. * XREF's shall not be "bound" to drawings prior to delivery. * If drawings contain XREF's, they should be inserted as blocks prior to submittal to Collier County Transportation Services Division. Layers contained in XREF's inserted as blocks shall conform to Collier County Transportation Services Division standards. 7: AutoCAD Drawing Support Files: Drawings created using non - standard AutoCAD fonts, linetypes, and hatch patterns can result in content discrepancies in the delivered drawing set. To ensure the integrity of the drawing set, and minimize potential problems: * Only native AutoCAD or AutoCAD Land Desktop fonts, linetypes, and hatch patterns or the CAD Symbology provided by the National CAD Standards are allowed. * Custom fonts, linetypes, and hatch patterns, including those provided by 3rd party software, shall not be used. 2 10L * Only these TrueType fonts shall be used: Arial, Courier New, Times New Roman. * Postscript fonts shall not be used. 8: File Transmittal: The content of electronic drawings provided by the contractor must match the delivered original hard copy set as closely as possible, if not exactly. To ensure the integrity of the electronic drawing set upon delivery to Collier County Transportation Services Division: * Ensure the drawings adhere to the guidelines presented in this document. Review the procedures for preparing drawings for submittal as detailed in the preceding paragraphs. * Include a hard copy index containing filenames and sheet numbers for each submittal. This ensures the completeness of the drawing set and assists in archival procedures. * Include a transmittal sheet with all submittals indicating Collier County Transportation Services Division project number, Collier County Transportation Services Division project name (if applicable) and complete listing of all materials submitted. * Include AutoCAD .PC2, .PCP or .CTB plot configuration. * Include all field survey data as indicated in Drawing Composition. Section 3 above. * Submit hard copies of original contractor "red line" plans and specifications. * All hard copies of civil and site plan must be sealed and limed by a Licensed Surveyor or Professional Enaineer and clearly marked, such as "90% Design"."As- built" etc. 9: The following documentation shall be delivered to Collier County Transportation Services Division at the following project milestones: * Design - Schematic/Preliminary /Working Drawings Collier County Transportation Services Division requires a complete set of Review Documents in AutoCAD on CD -ROM, in DWG format for Auto CAD / DGN format for Microstation and in PDF hard copy format for review of conformance to these CAD Standards by Collier County Transportation Services Division. During the preliminary and design phases of the project, Collier County Transportation Services Division staff that review the design may use the DWG format, DGN format and PDF format to provide design/conceptual comments /questions. * Pre - Construction CAD drawing files in DWG format for AutoCAD/ DGN format for Microstation, as well as specifications in electronic (PDF) shall be submitted to the Collier County Transportation Services Division Project Manager on CD -ROM * Record Drawines contractors shall submit, on CD -ROM and hardcopy format, approved As -Built Documents to Collier County Transportation Services Division at the capital project acceptance meeting. The CD -ROM shall contain the as-built information on the project and is to include DWG format for AutoCAD / DGN format for Microstation and PDF formats of the drawings in accordance with the Collier County Transportation Services Division CAD Standards, as well as electronic (PDF) specifications. 10: Digital File Index: Each project, when submitted, must be accompanied by a project file index. The index can be submitted in Word, Excel or WordPerfect formats. Each index should contain the following — 1. Organization/company name. 2. A contact name and position. 3. Street address. 4. City. 5. State or province. 6. Postal /Zip code. 7. Country. 8. Phone number. 9. Fax number. 10. Email address. 11. 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Jones, Project Superintendent Denise Hodge, Administrative Assistant 96 Construction Services Agreement: Revised 6MI2011 Memorandum Date: December 1, 2011 10C Email: RhondaCummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 ADDENDUM #1 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 — ITB 12 -5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: Electronic and separate sealed bids for the LASIP — Naples Manor North Stormwater Improvements, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 49th 27th day of December 2011, or electronically, 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. QUESTIONS AND RESPNSES 1. Question: How are layout survey and as- builts to be accomplished and paid for? RESPONSE: There will be two additional line items added to the bid sheet, one for layout survey and one for as- builts. As- builts are to be generated by the contractor, whereby he keeps the record of all work done throughout the job with his own surveyor, delivers a signed and sealed document to the County Project manager and Pitman - Hartenstein & Associates at the point of substantial completion, Documents providing specifications for these procedures are attached Level of detail The record drawings should contain at a minimum: • canal cross sections every 100 ft with top of bank located • Armorflex and turf reinforcement mat limits • rip rap limits • roadway restoration limits at Warren St • fences & gates • drainage structures / inverts / grates with elevations • weir structure elevation and lengths 100 2. Question: Can rock extracted from the jobsite as part of the work be used for fill in embankments? RESPONSE: Rock that is removed during excavation activities from this jobsite as part of the planned work will be allowed to be used as embankment fill so long as it complies with FDOT specification section 120. 3. Question: Will retainage be held for guarantee of survival of the shrub plantings? RESPONSE: No. Survival of the plantings will be ensured by enforcement of the warranty. 4. Question: What is the approximate desired start date? RESPONSE: The start date is anticipated to be mid February to early March. 5. Question: What recourse does the contractor have for dewatering? RESPONSE: A dewatering Permit has already been obtained from the SFWMD (it is posted on the Purchasing website under this job). However, it was designed to be for dewatering necessary to install structures. If the contractor needs additional dewatering, he will have to modify the existing Permit at his own expense with no additional time granted to the contract. REPLACE onF god SGhed '8 with Excel Bid Schedule Addendum 1 CLARIFICATIONS See As- Builts SOP and Transportation Division Electronic Drawing Specifications c: Shane Cox, Senior Project Manager 2 Cost Opinion 100% Design for Naples Manor North Canal Stormwater Improvements PHA Project No. 20611.203 for the Collier County Stormwater Department 10C Pay Item Description Unit Quantity Unit Cost Total Cost Roadway /Canal 101 -1 Mobilization LS 1 102 -1 Maintenance of Traffic LS 1 104 -10 -3 Sediment Barrier LF 6174 104 -11 Floating Turbidity Barrier LF 889 104 -18 j Inlet Protection System EA 2 110 -1 -1 Clearing & Grubbing (14 Ac ) LS 1 110 -7 Relocate Existing Mailbox EA 1 120 -1 Excavation, Regular CY 19377 120 -6 Embankment CY 8383 160 -4 Stabilization Type B (12 ") (LBR40) SY 359 285 -701 Optional Base Group 1 (4" Limerock) (Roadway) SY 9924 285 -706 Op tional Base Group 6 (8" Limerock) (Roadway) SY 276 334 -1 -11 Su er ave Asphaltic Concrete (Traffic B) 1 ") TN 4.6 334 -1 -12 Superpave Asphaltic Concrete (Traffic B) (2 ") TN 30.3 400 -1 -15 Concrete Class I (Misc) (Contingency Item) CY 5 400 -4 -1 Concrete Class IV (Box Culverts) CY 229 415 -1-4 Reinforcing Steel (Box Culverts) LB 43036 425 -1 -521 Inlet, Ditch Bottom (Type C) ( <10') EA 2 425 -2-41 Manhole (Type P -7) EA 2 425 -10 Yard Drain EA 1 430 - 175 -118 Pipe Culvert (Optional Material) (RCP) (18 ") LF 168 430 - 175 -136 Pi a Culvert Optional Material) (RCP) 36 ") LF 34 430 - 175 -142 Pipe Culvert (Optional Material) (RCP) (42 ") LF 89 430 - 175 -218 Pipe Culvert Optional Material) (ERCP) (14 "x23 ") LF 22 430 - 175 -224 Pipe Culvert (Optional Material) (ERCP) (19"x30 ") LF 26 430 -963 -2 PVC Pipe for Back of Sidewalk Non - Standard Diameter) (12 ") LF 12 430 - 982 -125 Mitered End Section (Round) (18 ") EA 8 430 - 982 -138 Mitered End Section (Round) (36 ") EA 2 430- 982 -140 Mitered End Section (Round) (42 ") EA 6 430- 982 -625 Mitered End Section (Other) (14 "x23 ") EA 2 430 - 982 -629 Mitered End Section (Other) (19 "x30 ") EA 1 500 -A Waterman Industries Slide Gate LS 1 515 -1 -1 Pie Handrail - Guierail (Steel) LF 20 524 -A Armorflex Open Cell Block Mat (30S Class) SY 1753 524 -1 -1 Concrete Ditch Pavement (Non- Reinforced) (3 ") SY 41 530 -3-4 Rip Rap (Rubble) (Ditch Lining) TN 642.0 536 -73 Guardrail Removal LF 25 535 -85 -25 Guardrail End Anchorage Assembly (Type 11) EA 1 550 -10 -210 Fencing (Type B) (0 -5.0' Height) LF 564 550 -10 -220 Fencing (Type B) (5.1 -6.0' Height) LF 93 550 -60 -211 Fence Gate (Type B) (0 -6.0' Opening) EA 1 550 -60 -223 Fence Gate (Type B) (Double) (12.1 -18.0' Opening) EA 3 570 -1 -2 Performance Turf (Sod) SY 26745 571 -1 -11 Plastic Erosion Mat SY 1470 580 -A Eucalyptus Mulch CY 66 580 -1 -2 Landscape Shrubs EA 283 700 -20 -11 Single Post Sign (F &I ) (Less than 12 SF) EA 10 706 -3 Retro - reflective Pavement Markers (Bidirectional) (White /Red) EA 46 706 -3 1 Retro- reflective Pavement Markers (Bidirectional) (Yellow) EA 38 711 -11 -121 Solid Traffic Stripe (Thermoplastic) (White) (6 ") LF 584 711 -11 -221 Solid Traffic Stripe (Thermoplastic) (Yellow) (6 ") LF 581 800 -A Layout Survey LS 1 800 -8 As- Builts LS 1 Grand Total GAC—M - All Solicitations and CaNaoR by R.W Y—IFY 2012\12 -5817 LASIP - Naoba Manor North Cana81 Pre Awwd Matariai H&12 -5817 BM S !,—b Addarkam 1 1110M12 7Cr" . Adminisha&e Services OMsion Purchasing Memorandum Date: December 2, 2011 10C Email: RhondaCummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 ADDENDUM #2 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 — ITB 12 -5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: REPLACE: EXGel Bid Schedule Addendum 1 with ITB 12 -5817 Bid Schedule Addendum 2 c: Shane Cox, Senior Project Manager 1 BID SCHEDULE Naples Manor North Canal Stormwater Improvements Bid No. 12 -5817 30C Pay Item Description Unit Quantitv Unit Cost Total Cost Roadway /Canal 101 -1 Mobilization LS 1 102 -1 Maintenance of Traffic LS 1 104 -10 -3 Sediment Barrier LF 6174 104 -11 Floating Turbidity Barrier LF 889 104 -18 Inlet Protection System EA 2 110 -1 -1 Clearing & Grubbing (14 Ac) LS 1 110 -7 Relocate Existing Mailbox EA 1 120 -1 Excavation, Regular CY 19377 120 -6 Embankment CY 8383 160-4 Stabilization Type B (12 ") (LBR40) SY 359 285 -701 Optional Base Group 1 (4" Limerock ) ((Roadway) SY 9924 285 -706 Optional Base Group 6 (8" Limerock) (Roadway) SY 276 334 -1 -11 Su erpave Asphaltic Concrete (Traffic B) (1 ") TN 4.6 334 -1 -12 Su erpave Asphaltic Concrete (Traffic B) (2 ") TN 30.3 400 -1 -15 Concrete Class I (Misc) (Contingency Item CY 5 400 -4 -1 Concrete Class IV (Box Culverts) CY 229 415 -1-4 Reinforcing Steel (Box Culverts) LB 43036 425 -1 -521 Inlet, Ditch Bottom (Type C) ( <10') EA 2 425 -2-41 Manhole Type P -7) EA 2 425 -10 Yard Drain EA 1 430 - 175 -118 Pipe Culvert (Optional Material) (RCP) (18" ) LF 168 430 - 175 -136 Pipe Culvert (Optional Material ) ((RCP) (36 ") LF 34 430 - 175 -142 Pipe Culvert (Optional Material) (RCP) (42 ") LF 89 430 -175 -218 Pipe Culvert Optional Material) (ERCP) 14 "x23 ") LF 22 430 - 175 -224 Pipe Culvert Optional Material) (ERCP) (19 "x30 ") LF 26 430 -963 -2 PVC Pipe for Back of Sidewalk (Non- Standard Diameter) (12 ") LF 12 430- 982 -125 Mitered End Section (Round) (18 ") EA 8 430 - 982 -138 Mitered End Section (Round) (36 ") EA 2 430 - 982 -140 Mitered End Section (Round) (42 ") EA 6 430 - 982 -625 Mitered End Section (Other) (14 "x23 ") EA 2 430- 982 -629 Mitered End Section (Other) (19 "x30 ") EA 1 500 -A Waterman Industries Slide Gate LS 1 515 -1 -1 Pipe Handrail - Guierail (Steel) LF 20 524 -A Armorflex Open Cell Block Mat (30S Class) SY 1753 524 -1 -1 Concrete Ditch Pavement (Non- Reinforced) (3 ") SY 41 530 -3 -4 Rip Rap (Rubble) (Ditch Lining) TN 642.0 536 -73 Guardrail Removal LF 25 536 -85 -25 Guardrail End Anchorage Assembly (Type 11) EA 1 550 -10 -210 Fencing (Type B) (0 -5.0' Hei ht) LF 564 550 -10 -220 Fencing (Type B) (5.1 -6.0' Height) LF 93 550 -60 -211 Fence Gate (Type B) (0 -6.0' Opening) EA 1 550 -60 -223 Fence Gate (Type B) (Double) (12.1 -18.0' Opening ) EA 3 570 -1 -2 1 Performance Turf (Sod) SY 26745 571 -1 -11 Plastic Erosion Mat SY 1470 580 -A Eucalyptus Mulch CY 66 580 -1 -2 Landscape Shrubs EA 263 700 -20 -11 Single Post Sign (F &I) (Less than 12 SF) EA 10 706 -3 Retro- reflective Pavement Markers (Bidirectional) (White /Red ) EA 46 706 -3 Retro- reflective Pavement Markers (Bidirectional) (Yellow) EA 38 711 -11 -121 Solid Traffic Stripe (Thermoplastic) (White) (6 ") LF 584 711 -11 -221 Solid Traffic Stripe (Thermoplastic) (Yellow) (6 ") LF 581 800 -A Layout Survey LS 1 800 -B As- Builts LS 1 Grand Total GtCurrent- NI SdiddEons and CaNac6 M Fnd ye"T-y 201212 -5817 LASIP - Naples Menor North Cana81—Pm Avmrd MalenaIWF@112 -5817 Bid Schedule Addendum 2 1/702012 10C Email: RhondaCummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 i ADDENDUM #3 Memorandum Date: December 8, 2011 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 — ITB 12 -5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ATTACHED: Copies of Pre -Bid Sign in sheets. INFORMATION: The 24" Force Main Pipe across Warren Street (sheet 13, STA 239 +45) will not be relocated in time for this construction. The contractor will have to plan on working around it as a live line. c: Shane Cox, Senior Project Manager 1 ATTENDANCE SHEE i , sounwame Date: Tuesday, November 30, 2011 10:00 a.m. RFP 12-5$17 LASIP — Naples Manor North Canal PLEASE PRINT YOUR NAME: ZZOIJ 6;F-'-V z-zI oti'tz. r- i j a �- -a 044 Z'c' Company IN)6me y _? C", 07',/ Mailing Address City, Slate ZIP YOUR NAME: Company Name Mailing Address City, S to ZIP Telephone: 23 , L) '-ISS - 7 Zz c Telephone: FAX Number: (2,3--? -72z 2 FAX Number: ( 4 Emailaddress: Email address: YOUR NAME: c6m`pany`Name ZS Sze Mailing Address City, State ZIP Telephone: FAX Number: YOUR NAME: Company Name Mailing Address City, State ZIP Telephone: FAX Number: 10c -1 , Email address: I 1-.,,-W'-Email address: ATTENDANCE SNEE PRE -BID MEETING Date: Tuesday, November 30, 2011 10:00 a.m. RFP 12 -5jBV LASIP — Naples Manor North Canal YOUR NAME: Z;�Z—V eyl, ' Company Name Mailing Address City, State ZIP PLEASE PRINT YOUR NAME:_ P -rnmQ - WA2TZ:.;s Tn&; Company Name t n 0 1 L,, I,- LL) !ALA lip Mailing Address City, State ZIP ion Telephone: (� 3 ) 13 G Telephone: ( L-V') 9-k- &A-6, FAX Number.: (2 �) q 6 " 15 � FAX Number: ( 2-'35 '7) s 3 Email address: �'B�✓�-sa'' a`71''/r��l.y6��£f�t5•Gd� Email address: CU.,nr u � rC A44.40j& }%c��s�,• 106 "k, VrA Company Name Mailing Address City, State ZIP Telephone: FAX Number: ( ) YOUR NAME: Company Name Mailing Address City, State ZIP Telephone: ( ) FAX Number: Email address: Email address: ATTENDANCE SHEET PRE -BID MEETING Date: Tuesday, November 30, 2011 10:00 a.m. REP 12 -5817 LASIP — North Manor North Canal COUNTY DEPARTMENTS REPRESENTED: Name Name Name Name Name Name Name Departm Departm Departm, Department Department Department Department Ioc col p7er County Adminishadve Services Msion Purchasing Memorandum Date: December 13, 2011 10C Email: RhondaCummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 ADDENDUM #4 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 — ITB 12 -5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: INFORMATION: Add a slot for vendors to upload "Other Bid Documents ". c: Shane Cox, Senior Project Manager 1 s r Memorandum Date: December 21, 2011 30C Email: RhondaCummings @colIiergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 ADDENDUM #5 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Bidders Subject: Addendum # 5 — ITB 12 -5817 LASIP — Naples Manor North Stormwater Improvements The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CORRECTION: Change item #400 -4 -1: Concrete Class IV (Box Culverts) quantity from 229 CY to 293 CY Change item #415 -1 -4: Reinforcing Steel (Box Culverts); quantity from 43,Q36 LBS to 52.448 LBS ADD: Corrected Excel Spreadsheet c: Shane Cox, Senior Project Manager 1 BID SCHEDULE Naples Manor North Canal Stormwater Improvements Bid No. 12 -5817 10C Pay Item Description Unit Quanti t Unit Cost Total Cost Roadway /Canal 101 -1 Mobilization LS 1 102 -1 Maintenance of Traffic LS 1 104 -10 -3 Sediment Barrier LF 6174 104 -11 Floating Turbidity Barrier LF 889 104 -18 Inlet Protection System EA 2 110 -1 -1 Clearing & Grubbing (14 Ac) LS 1 110 -7 Relocate Existing Mailbox EA 1 120 -1 Excavation, Regular CY 19377 120 -6 Embankment CY 8383 160-4 Stabilization Type B 12 ") (LBR40) SY 359 285 -701 10ptional Base Group 1 4" Limerock) (Roadway) SY 9924 285 -706 Optional Base Group 6 (8" Limerock) (Roadway) SY 276 334 -1 -11 Superpave Asphaltic Concrete (Traffic B) 1 ") TN 4.6 334 -1 -12 Su erpave Asphaltic Concrete (Traffic B) (2 ") TN 30.3 400 -1 -15 Concrete Class I (Misc) (Contingency Item) CY 5 400 -4 -1 Concrete Class IV Box Culverts) CY 293 415 -1-4 Reinforcing Steel Box Culverts) LB 52448 425 -1 -521 Inlet, Ditch Bottom (Type C) <i0') EA 2 425 -2-41 IManhole Type P -7) EA 2 425 -10 Yard Drain EA 1 430 - 175 -118 Pipe Culvert (Optional Material ) ((RCP) (18" ) LF 168 430- 175 -136 Pipe Culvert (Optional Material) (RCP) 36 ") LF 34 430 - 175 -142 Pi e Culvert (Optional Material) (RCP) (42 ") LF 89 430 - 175 -218 Pipe Culvert (Optional Material) (ERCP ) (14 "x23 ") LF 22 430 -175 -224 Pipe Culvert (Optional Material) (ERCP) 19 "x30" LF 26 430 -963 -2 PVC Pipe for Back of Sidewalk (Non- Standard Diameter) (12 ") LF 12 430 - 982 -125 Mitered End Section (Round) (18 ") EA 8 430 - 982 -138 Mitered End Section (Round) (36 ") EA 2 430 - 982 -140 Mitered End Section (Round) (42 ") EA 6 430 - 982 -625 Mitered End Section (Other) 14 "x23 ") EA 2 430 - 982 -629 Mitered End Section (Other) (19 "x30 ") EA 1 500 -A Waterman Industries Slide Gate LS 1 515 -1 -1 Pipe Handrail - Guierail (Steel) LF 20 524 -A Armorflex Open Cell Block Mat (30S Class) SY 1753 524 -1 -1 Concrete Ditch Pavement Non - Reinforced) (3 ") SY 41 530 -3-4 Rip Rap (Rubble) Ditch Lining) TN 642.0 536 -73 Guardrail Removal LF 25 536 -85 -25 Guardrail End Anchorage Assembly Type II) EA 1 550 -10 -210 Fencing (Type B) (0 -5.0' Height) LF 564 550 -10 -220 Fencing (Type B) (5.1 -6.0' Height) LF 93 550 -60 -211 Fence Gate (Type B) (0-6.0' Opening) EA 1 550 -60 -223 Fence Gate (Type B) (Double) (12.1 -18.0' Opening) EA 3 570 -1 -2 Performance Turf (Sod) SY 26745 571 -1 -11 Plastic Erosion Mat SY 1470 580 -A Eucalyptus Mulch CY 66 580 -1 -2 Landscape Shrubs EA 283 700 -20 -11 Single Post Sin (F &I) (Less than 12 SF) EA 10 706 -3 Retro - reflective Pavement Markers (Bidirectional) (White /Red) EA 46 706 -3 Retro- reflective Pavement Markers (Bidirectional) (Yellow) EA 38 711 -11 -121 Solid Traffic Stripe (Thermoplastic) (White) (6 ") LF 584 711 -11 -221 Solid Traffic Stripe (Thermoplastic) (Yellow) (6 ") LF 581 800 -A Layout Survey LS 1 800 -B As- Builts LS 1 Grand Total G:%CUrrenl -All Solicior and C� by Fi W YOW%FY 2012112 -5517 LASIP - Napba Mawr Na Can Al Pra Awmd MatadalaOiaf12 -%17 Bid Sciu,dulo Add- M 5 1/10=12