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Backup Documents 04/13/2010 Item #16B1016B 10 MEMORANDUM Date: April 27, 2010 To: Rhonda Cummings, Purchasing Contract Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5445: "Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization" Contractor: Quality Enterprises USA, Inc. Enclosed is one (1) original contract, referenced above (Agenda Item #161110), approved by the Board of County Commissioners on Tuesday, April 13, 2010. An original contract was kept in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure (1) ITEM NO.: to - PQL-aI CEA �) FILE NO.: ROUTED TO: 1 b B I 0 DATE RECEIVED: �i i -IC MVO/ ;iJiii'Jf` n;rT +iR;�IEY ? "11 20 PFl DO NOT WRITE ABOVE THIS LINE j`► REQUEST FOR LEGAL SERVICES Date: April 13, 2010 To: County Attorney's Office �( Jeff Klatzkow, County Attorney 4` o U\Ia� From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #10 -5445 "Forest lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization" Contractor: Quality Enterprises USA, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 13, 2010; Agenda Item 16.13.10 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: <� 6 Y`' 0 ✓� l y b� v !/ This is a standard contract with no changes. Please forward to the BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Darryl Richard, ATM CHECKLIST FOR REVIEWING CONTRACTS Entity Name: _ -Cl ----- TC, --LYN Entity name correct on contract? Yes No Entity registered with Ft. Sec. of State? _ es No Insurance Insurance Certificate attached? Insured registered in Florida? Contract H &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ _ Products /Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $_2._ k M _ es No es _ No V Ye, No es No Provided $2 Exp. Date `7 I (� Provided : \\ Exp. Date Provided $ Exp. Date _ ) Provided $_ 'M Exp. Date Fire/Prop Damage Required $ Provided $ -t W 1 Exp. Date Automobile Liability Bodily Inj & Prop Required $ Mt , Provided $ \`Mv k1 Exp Date '1 t /.� 1 V !Porkers Com ensation" P 'c+. Each accident Requi d $gym; i - -T- �'rnpla�,�' \ \ t ovided $__SCOV Exp Date "d t V Disease Aggregate Required $ Disease Each Provided $ ��_ Exp Date _ "- -r t 7 Empl Required $ __ Provided $ 2 Exp Date--7 Umbrella Liability Each Occurrence Provided $ Ip m. \1 Exp Date rl ( V Aggregate Provided $ e �_ Date Does Umbrella sufficiently cover any underinsured `Ex� portion? X Yes "jam No Professional Liability Each Occurrence Occurrence Required $_ _ Provided $ Exp. Date Per Aggregate Required $ _ Provided $,_ Exp. Date Other Insurance Each Occur Type: —DAQ A Ix) , Required _ Provided r2M \I Exp Data —I I t l 1 b County required to be named as additional insured? P.-'51 No County named as additional insured? LoYes No Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond _ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Yes No Yes -L- Yes No Yes No Yes NO Yes No Yes No IS No Yes No es _ No No Yes No ✓Yes No sr� Reviewer Initials: Da(c: _ O4- CO , :01 *0222/ www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Foreian Profit Corporation QUALITY ENTERPRISES USA, INC. Filing Information Document Number F95000002550 FEI /EIN Number 540947002 Date Filed 05/25/1995 State VA Status ACTIVE Principal Address 3894 MANNIX DRIVE STE 216 NAPLES FL 34114 -5406 US Changed 01/12/2005 Mailing Address 3894 MANNIX DRIVE STE 216 NAPLES FL 34114 -5406 US Changed 01/12/2005 Registered Agent Name & Address MURRELL, HOWARD J 2827 SILVERLEAF LANE NAPLES FL 34105 US Name Changed: 04/21/1997 Address Changed: 01/29/2004 Officer /Director Detail Name & Address Title PD MURRELL, HOWARD J JR. 3894 MANNIX DRIVE STE 216 NAPLES FL 34114 -5406 Title VPD MURRELL, JOHN 208 TINTERN COURT CHESAPEAKE VA 23320 Title ST 16810 Page 1 of 3 Document Searches Forms Help Entity Name Search SutamR' http: / / www.sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number= F950000025... 4/21/2010 www.sunbiz.org - Department of State MURRELL, STACEY 3894 MANNIX DRIVE STE 216 NAPLES FL 34114 -5406 Title VP MORIARTY, PAUL 3894 MANNIX DRIVE STE 216 NAPLES FL 34114 -5406 US Title VP SLICKO, RICHARD 3894 MANNIX DRIVE STE 216 NAPLES FL 34114 -5406 Title VP GAUDIO, LOUIS J 3894 MANNIX DRIVE ST 16 NAPLES FL 34114 -5406 F- rtTl • l Report Year Filed Date 2008 09/26/2008 2009 01/14/2009 2010 02/05/2010 Document Images 02/05/2010 ANNUAL REPORT ANNUAL REPORT 01/14/2009 -- ANNUAL REPORT ANNUAL REPORT 09/26/2008 -- ANNUAL REPORT 01/24/2008 -- ANNUAL REPORT 02/05/2007 -- ANNUAL REPORT Vibw t _ . jnjP0r"fgrptat View -imloo In PQF,,.fgrmat View trnoge?imloQFformat View image in PDF format View image in PDF format 01/2312006 ANNUAL REPORT £.Viaoulmaga irrPDt`fgrrnat 01/ 12/ 2005 -- ANNUAL RE PORT cVI9w1m14ge.i0 PDF, format : 01/29/2004 -- ANNUAL REPORT 02/06/2003 -- ANNUAL REPORT 06/13/2002 -- ANNUAL REPORT -View image in PDF format 02/06/2002 -- ANNUAL REPORT AA4wjr'Oagd"jn PDF format 04/0312001 --ANNUAL REPORT 3q IDI*Yrr`at 08/28 /2000 -- ANNUAL REPORT . 'x*'j *.I'for}pat: 04/30 /1999 -- ANNUAL REPORT ':: Vlew lrmager WFVP 'f¢imat 02/03/1998 -- ANNUAL REPORT View Image in PDF format 04/21 /1997 -- ANNUAL REPORT - Vieyulryts'igtiPbFf¢rmaC 05101 /1996 -- ANNUAL REPORT View imagedg PDF format 05/25/1995 -- DOCUMENTS PRIOR TO 1997 View image in PbF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Page 2 of 3 16BI0 Entity Name Search http: / /www.sunbiz.org /scripts /cordet.exe? action= DETFIL &inq_doc _number= F950000025... 4/21/2010 MEMORANDUM 1 b B 10 TO: Ray Carter Risk Management Department f,1 FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist it � Purchasing Department DATE: April 19, 2010 RE: Review of Insurance for Contract: #10 -5445 "Forest lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization" Contractor: Quality Enterprises USA, Inc. This contract was approved by the BCC on April 13, 2010; Agenda Item 16.B.10 Please review the Payment & Performance Bonds and Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. DATE RECEIVr9 APR 2 0 2010 RISK ...:. C: Darryl Richard, ATM mausen a 16B 10 From: RaymondCarter Sent: Tuesday, April 20, 2010 2:28 PM To: CummingsRhonda Cc: DeLeonDiana; mausen_g; HerreraSandra; RichardDarryl Subject: Contract 10 -5445 "Forest lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization" All, I have approved the Payment and Performance Bonds in addition to the Certificate of Insurance provided by Quality Enterprises USA, inc. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Memorandum Date: February 17, 2010 I 6 1® Email: BrendaBrilhart@colliergov. net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #1: ITB #10 -5445 - "Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization The following clarifications are issued as Addendum #1 identifying the following change for the referenced bid: ADD: The Mandatory Pre -Bid Meeting /Site Visit is scheduled for Tuesday, February 23, 2010 at 2:00 pm in the afternoon. In the parking lot at the following address: Quail Run Golf Club 1 Forest Lakes Blvd. Naples, FL 34105 If you require additional information please post a question on the eBid site or contact me (contact information above). c: Darryl Richard, Project Manager 1 � t Memorandum Date: February 17, 2010 16810 Email: BrendaBrilhart @colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #1: ITB #10 -5445 - "Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization The following clarifications are issued as Addendum #1 identifying the following change for the referenced bid: ADD: The Mandatory Pre -Bid Meeting /Site Visit is scheduled for Tuesday, February 23, 2010 at 2:00 pm in the afternoon. In the parking lot at the following address: Quail Run Golf Club 1 Forest Lakes Blvd. Naples, FL 34105 If you require additional information please post a question on the eBid site or contact me (contact information above). c: Darryl Richard, Project Manager av ReFum APR 2 0 1010 'USK WN&WNNT s � -,_t .> r Memorandum Date: February 24, 2010 16B 10., Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #2: ITB #10 -5445 - "Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization The following clarifications are issued as Addendum #2 identifying the following change for the referenced bid: ADD: Soil report attached. If you require additional information please post a question on the eBid site or contact me (contact information above). c: Darryl Richard, Project Manager Enc: 1 1 UNIVERSAL ENGINEERING SCIENCES GEOTECHNICAL EXPLORATION PROPOSED LAKE BULKHEADS FOREST LAKES MSTU BOND PROJECT F -53 NAPLES, FLORIDA PROJECT NO. 0530.0900071.0000 Prepared For: Malcolm Pirnie 4315 Metro Parkway, Suite 520 Fort Myers, Florida 33916 Prepared By: Universal Engineering Sciences 5971 Country Lakes Drive Fort Myers, Florida 33905 October 21, 2009 Consultants in. Geotechnical Engineering • Environmental Sciences • Construction Materials Testing • Private Provider & Threshold Inspections OFFICES IN: Daytona Beach • DeBary • Fort Myers • Gainesville • Hollywood • Jacksonville • Ocala • Orlando Palm Coast • Rockledge • Sarasota • St. Augustine • Tallahassee • Tampa • West Palm Beach e f OFFICES IN: Atlanta Daytona UNIVERSAL Fort Myers Fort Pierce Fort Pi ENGINEERING SCIENCES Jacksonville Gainsville Leesburg Consultants In: Geotechnical Engineering • Environmental Sciences Miami Ocala • Construction Materials Testing • Private Provider & Threshold Inspections Orlando Palm Coast Panama City Pensacola ockledge Sarasota October 21, 200y� Augustine Tampa West Palm Beach Clermont Malcolm Pirnie 4315 Metro Parkway, Suite 520 Fort Myers, Florida 33916 Attention: Mr. Chris Tilman, P.E. Reference: GEOTECHNICAL EXPLORATION PROPOSED LAKE BULKHEADS FOREST LAKES MSTU BOND PROJECT F -53 Naples, Florida Dear Mr. Tilman: Universal Engineering Sciences, Inc. presents our report of geotechnical studies performed for the installation of bulkheads along the shoreline for several lake areas in the Forest Lakes development off Pine Ridge Road in Naples, Florida. The scope of our exploration was planned in conjunction with and authorized by your firm. This exploration was performed in accordance with generally accepted soil and foundation engineering practices. No other warranty, expressed or implied, is made. This report contains the results of our explorations, an engineering interpretation of these with respect to the project characteristics described to us, and recommendations for soil related design parameters and construction considerations. We appreciate the opportunity to have worked with you on this project and look forward to a continued association. Please do not hesitate to contact us if you should have any questions, or if we may further assist you as your plans proceed. Respectfully submitted, UNIVERSAL ENGINEERI G SCIENCES, INC. i soy N aver, P.E. Regional Manager LNW /baa 3 cc: Client 0530 0900071.00'0 wpd 5971 Country Lakes Drive • Fort Myers, FL 33906 • (239) 995 -1997 • Fax (239) 313 -2347 16B 10 Project No. 0530.0900071.0000 TABLE OF CONTENTS Section Page 1.0 INTRODUCTION .......................... ..............................1 1.1 GENERAL .......................... ..............................1 2.0 SCOPE OF SERVICES .................... ............................... 1 2.1 PROJECT DESCRIPTION .............. 2.2 PURPOSE ......................... ............................... 2 2.3 FIELD EXPLORATION ............... ............................... 2 3.0 FINDINGS ............................... ..............................3 3.1 SURFACE CONDITIONS ............. ............................... 3 3.2 SUBSURFACE CONDITIONS 3 4.0 RECOMMENDATIONS ..................... ..............................4 4.1 GENERAL .......................... ..............................4 4.2 GROUNDWATER CONSIDERATIONS .......... 4.3 SOIL RELATED DESIGN PARAMETERS . ............................... 5 4.4 CONSTRUCTION CONSIDERATIONS 7 4.5 CONSTRUCTION RELATED SERVICES . ............................... 7 5.0 LIMITATIONS ............................ ..............................7 u Project No. 0530.0900071.0000 LIST OF APPENDICES Section Page APPENDIX A SITE LOCATION PLAN ................ ............................... A -1 APPENDIX B BORING LOCATION PLAN ............. ............................... B -1 BORING LOGS ................. ............................... B -2 - B -5 SOILS CLASSIFICATION CHART ....... ............................... B -6 APPENDIX C SUMMARY OF LAKE SHORELINE PROBES .............................. C -1 APPENDIX D IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICAL ENGINEERING REPORT ................... ......................... D -1 CONSTRAINTS AND RESTRICTIONS .... ............................... D -2 1 1.0 INTRODUCTION 1.1 GENERAL I6B 10 Project No. 0530.0900071.0000 In this report, we present the results of the subsurface exploration for the proposed lake bulkhead structures in Naples, Florida. We have divided this report into the following sections: • SCOPE OF SERVICES - Defines what we did • FINDINGS - Describes what we found • RECOMMENDATIONS - Describes what we encourage you to do • LIMITATIONS - Describes the restrictions inherent in this report • APPENDICES - Presents support materials referenced in this report. 2.0 SCOPE OF SERVICES 2.1 PROJECT DESCRIPTION We understand the project under consideration involves the installation of vinyl sheet piles along a portion of the perimeter of eight lake areas in the Forest Lakes development. The sheet piles will generally installed beyond the existing shoreline with the space between the bulkhead and the current lake edge being backfilled to re- establish the property line for the golf course. We were provided with an aerial photograph which depicts the bulkhead locations. We used this aerial photograph in preparing this exploration. Our recommendations are based upon the above considerations. If any of this information is incorrect or if you anticipate any changes, inform Universal Engineering Sciences so that we may review our recommendations. The lake areas where the bulkheads will be installed are designated lakes 1, 3 thru 7, 11 and 12 in the Forest Lakes development off Pine Ridge Road in Naples, Florida. A general location plan of the site area and locations of the lakes under consideration appears in Appendix A: Site Location Plan. 0530.0900071.OMC pd Page 1 of 8 ED Project No. 0530.0900071.0000 2.2 PURPOSE The purposes of this exploration were: • to explore the general subsurface conditions at the site; to interpret and review the subsurface conditions with respect to the proposed construction; and • to provide geotechnical engineering recommendations forsoll related design parameters and construction considerations. Recommendations concerning other soil related considerations were beyond the scope of our exploration. Our work did not address the potential for surface expression of deep geological conditions, such as sinkhole development related to karst activity. This report presents an evaluation of site conditions on the basis of traditional geotechnical procedures for site characterization. The recovered samples were not examined, either visually or analytically, for chemical composition or environmental hazards. 2.3 FIELD EXPLORATION The subsurface conditions adjacent to the proposed bulkhead structures were explored with four (4) rotary wash borings advanced to a depth of 20 feet below the existing grade adjacent to the lake, while performing the Standard Penetration Test. We performed the Standard Penetration Test in each of the borings according to the procedures of ASTM D -1586, with continuous sampling performed above a depth of 10 feet, to detect slight variations in the soil profile at shallow depths. The basic procedure for the Standard Penetration Test is as follows: A standard split - barrel sampler is driven into the soil by a 140 -pound hammer falling 30 inches. The number of blows required to drive the sampler 1 -foot, after seating 6 inches, is designated the penetration resistance, or N- value; this value is an index to soil strength and consistency. Our representative also probed the existing shoreline to a depth of about 4 feet below the mudline using a %" diameter fiberglass probe rod to confirm the presence or absence of a shallow hard rock layer. Consider the indicated boring depths to be approximate. Our drilling crew located the borings based upon estimated distances and relationships to obvious landmarks. Further, the borings were located based on the aerial photograph provided to our firm. The soil samples recovered from the soil test borings were returned to our laboratory and then an engineer visually examined and reviewed the field descriptions. Jar samples of the soils encountered will be held in our laboratory for your inspection for 60 days and then discarded, unless we are notified otherwise. 05300900071.0OOO.w d Page 2 of 8 ED 3.0 FINDINGS 3.1 SURFACE CONDITIONS 16810 Project No. 0530.0900071.0000 While on site ourfield drilling crew performed a visual site inspection of the subject property to gain a "hands -on" familiarity with the project area. Although site specific topographic information was not provided, based on our representative's site observations, it is apparent that the areas adjacent to the edge of the lakes is relatively flat and generally comprised of a grass ground cover, shrubs and isolated trees typical of residential landscaping. Large boulders are evident in the water and shoreline around the perimeter of most of the lake areas. We examined U.S.G.S. topographic quadrangle maps and the USDA Soil Conservation Service (SCS) Soil Survey of Collier County for relevant information about the site. The Collier County soil survey identifies generally two soil types in the lake areas on the site, as further described in Table 1. TABLE 1 USDA Soil Classifications Soil No, Name Drainage Chara cieristics Hyslroto ®ic Erp Predicted Seas Higli water-'. Tables Shallow Rock Location on Site Nearly level to Udh ents undulating, somewhat Varies with Limestone Lakes 36 Shaped a ped poorly drained INA amount of rock at 47 9,3,4,5,6, soils on golf fill inches 7 and 11 courses Nearly level, 21 Boca Fine poorly drained 6 to 18 Limestone Sand soils on BAD inches rock at 30 Lake 12 flatwoods inches 3.2 SUBSURFACE CONDITIONS The results of our field exploration, together with pertinent information obtained from the SPT borings, such as soil profiles, penetration resistance and groundwater levels are shown on the boring logs included in Appendix B. The Key to Boring Logs, Soil Classification Chart is also included in Appendix B. The soil profiles were prepared from field logs after the recovered soil samples were visually classified by a staff engineer. The stratification lines shown on the boring logs represent the approximate boundaries between soil types, and may not depict exact subsurface soil conditions. The actual soil boundaries may be more transitional than depicted. A generalized profile of the soils encountered at our boring locations is presented below in Table 2. 05M,0900071.0000,wPd Page 3 of 8 ED Project No_ 0530.0900071.0000 For detailed soil profiles, please refer to the attached boring logs. TABLE 2 General Soil Profile Typical Depth (ft)'' Soil Descriptions 0-1,5 Very loose to loose, gray and brown, fine SAND with varying amounts of rock and shell fragments [SP] 1.5-5 Hard Rock 5-13 Loose to very dense, gray fine SAND with varying amounts of silt, rock and shell fragments [SP, SP -SM, SM] 13 - 20` Very loose to medium dense, gray, silty fine SAND with rock and shell fragments [SM] 'Termination of Deepest Boring Bracketed Text Indicates: Unified Soil Classification Significant variations in the depth, thickness, and consistency of the aforementioned soil strata occurred at the individual test boring locations. A second deeper hard rock layer encountered from a depth of 7.5 to 11 feet below existing grade at the location of test boring B -2. Additionally, a layer of medium dense clayey sand was present from a depth of 13 to 17 feet at the location of test boring B -3. We measured the groundwater table at a depth of 3.5 feet below existing grade at the location of test boring B -1 at the time of our exploration. The groundwater level could not be determined at the location of test borings B -2, B -3 and B -4 as drilling fluid and rotary drilling techniques had to be used to penetrate the shallow rock prior to reaching the water table. The apparent water table can be expected to fluctuate with seasonal rainfall and fluctuations within the adjacent lake. Fluctuations in groundwater levels should be anticipated throughout the year, primarily due to seasonal variations in rainfall, surface runoff and other factors that may vary from the time the borings were conducted. The results of the probes performed along the shore line indicate that the shallow rock layer for the most part appears to have been removed during the original lake excavation. There are large boulders present on the surface of the lake bank and shoreline area around most of the lakes. 4.0 4.1 GENERAL The following recommendations are made based upon a review of the attached soil test data, our understanding of the proposed construction, and experience with similar projects and subsurface conditions. If the bulkhead and wall panel characteristics or locations change from those discussed previously, we request the opportunity to review and possibly amend our recommendations with respect to those changes. 0530.N000)1.0000 ryd Page 4 of 8 ED Project No. 0530.0900071 -0000 Additionally, if subsurface conditions are found during construction which were not found in the borings, report those conditions immediately to us for observation and recommendations. In this section of the report, we present our detailed recommendations for groundwater consideration, soil related design parameters, and construction related considerations. 4.2 GROUNDWATER CONSIDERATIONS Temporary dewatering may be required during panel installation, especially if construction proceeds during the wet season or periods of heavy rainfall. Temporary dewatering will likely be required during backfilling of the wall panels and bulkhead. We recommend that the contract documents provide for determining the groundwater level just prior to construction and for any dewatering measures which might be required. We recommend that the groundwater table be maintained at least 24 inches below all earthwork and compaction surfaces. 4.3 SOIL DESIGN PARAMETERS We recommend the soil design parameters shown in Table 3 be used for design of the bulkhead and wall panel structures. These values should be considered approximate and average values throughout the strata and are based on published information, past experience, and the results of our field explorations. D5330900071.D0W..Pa Page 5 of 8 91 :r Project No. 0530.0900071.0000 TABLE 3 Recommended Soil Design Parameters We did not include design parameters for the hard rock and dense to very dense sand with rock strata as we anticipated these materials were removed during lake excavation or will have to be removed or disturbed to install the wall panels and /or tie back anchors. 0530.0900071.000D. Pd Page 6 of 8 IB `, Mofat, Aan6fty Angle 0 °. : Active Passive '. At Rest Soil type Consistency Wet (rltemal Poisson's Earth Earth ! Earth Y Fdegott Ratio PP9t f ua ' Pressur6zS Pressure (pcf) 4" coefficient Coefflclent Coefficient Very loose N values 0 -3 105 26° .2 .39 2.56 .6 Fine sand with or Loose without silt, N values 4 -10 110 28° .25 .36 2.77 .5 rock or shell fragments Medium [SP,SP -SMJ dense N values 11- 115 30° .35 .33 3.00 .45 30 Very loose N values 0 -3 115 24° 2 .42 2.37 .6 Silty fine Loose sand with shell or rock N values 4 -10 120 26° .25 .39 2.56 .5 fragments Medium [SM] dense N values 10- 125 28° .35 .36 277 .45 30 Medium Clayey sand dense [SC] N values 10- 120 26° .35 .39 2.56 .5 30 Fine sand Compacted to backfili SP 95 115 30° .35 .33 3.00 .5 " Use ' = y - 62 c for soils layers below the water table We did not include design parameters for the hard rock and dense to very dense sand with rock strata as we anticipated these materials were removed during lake excavation or will have to be removed or disturbed to install the wall panels and /or tie back anchors. 0530.0900071.000D. Pd Page 6 of 8 IB 16810 Project No. 0530.0900071.0000 4.4 CONSTRUCTION CONSIDERATIONS Although the probe test result indicated the shallow rock layer encountered at most of the boring locations appears to have been for the most part removed to a depth of at least four feet during the original lake excavation, it is unknown whether due to the sloping nature of the shoreline, the deeper layers of dense to very dense sand with rock (fractured rock) or hard rock strata evident below a depth of four feet at the location test boring B -2 are present below the bulkhead alignment. Additionally, some difficulty may be encountered during wall panel installation through the medium dense strata of sand with rock present between a depth of 5 and 10 feet due to the potential presence of gobble and boulder size pieces of rock. The existing surficial boulders along the shoreline will likely need to be removed to facilitate wall and bulkhead installation. Depending on the location, the shallow rock strata may be present in the location of the tie back anchors. We recommend the backfill for the wall and bulkhead consist of a free draining fine sand with 5 percent or less clay and silt fines. The backfill should be placed in 6 to 8 inch layers and compacted to 95 percent of the Modified Proctor maximum dry density. 4.5 CONSTRUCTION RELATED SERVICES We recommend the owner retain Universal Engineering Sciences to perform construction materials tests and observations on this project. Field tests and observations include verification of the compaction of the backfill soils. The geotechnical engineering design does not end with the advertisement of the construction documents. The design is an on -going process throughout construction. Because of our familiarity with the site conditions and the intent of the engineering design, we are most qualified to address problems that might arise during construction in a timely and cost - effective manner. 5.0 LIMITATIONS This report has been prepared in order to aid the arch itectlengineer in the design of the proposed lake bulkheads. The scope of services provided were limited to the specific project and locations described herein. The description of the project's design parameters represents our understanding of significant aspects relevant to soil and foundation characteristics. The recommendations submitted in this report are based upon the data obtained from the limited number of soil borings performed at the locations indicated on the Boring Location Plan and from other information as referenced. This report does not reflect any variations which may occur between the boring locations or unexplored areas of the site. Such variations are expected due to the past usage and history of the site and the apparent uncontrolled manner of backfill placed during prior demolition operations. Our field exploration did not find unsuitable or unexpected materials at the time of occurrence. However, borings for a typical geotechnical report are widely spaced and generally not sufficient for reliably detecting the presence of isolated, anomalous surface or subsurface conditions, or reliably estimating unsuitable or suitable material quantities. Accordingly, UES does not recommend relying on our boring information to negate presence of anomalous materials or for estimation of material quantities unless our contracted services specifically include sufficient exploration for such purpose(s) and within the report we so state that the level of exploration 0530.0900071 W0c.wPd Page 7 of 8 ED Project No. 0530.0900071.0000 provided should be sufficient to detect such anomalous conditions or estimate such quantities. Therefore, UES will not be responsible for any extrapolation or use of our data by others beyond the purpose(s) for which it is applicable or intended. All users of this report are cautioned that there was no requirement for Universal to attempt to locate any man -made buried objects or identify any other potentially hazardous conditions that may exist at the site during the course of this exploration. Therefore no attempt was made by Universal to locate or identify such concerns. Universal cannot be responsible for any buried man -made objects or environmental hazards which maybe subsequently encountered during construction that are not discussed within the text of this report. We can provide this service if requested. For a further description of the scope and limitations of this report please review the document attached within Appendix D "Important Information About Your Geotechnical Engineering Report" prepared by ASFE, an association of firms practicing in the geosciences. 0530 OW0071.00Mw d Page 8 of 8 ED Rd CCUMy Road 896 _ Pine Ridpe Rd -- 04 F FMeSI L.A. ekd a I � wood-mm LA - LAM *7.. LAKE R11 LAKE kl '8 tAKE114 �! s 01ae cN LAKE *5 LAK`12 5 n f e Or 3 4 LAKE N4 LAKE •3 Fare9l Lakea.� said EgoN, or _ Pine Woods Cr - 02009 G-gle - Map data 02009 G-gle -1 MR MAI (`nl M PIRNIF FOREST LAK9 MSTU BOND PROJECT F -53 1300 FOREST LAKES ® NAPLES, COLLIER COUNTY, FLORIDA LIME SAL SITE LOCATION,pLAN ENGINEERING SCIENCES DRAWN ar. B.M.B. DATE 10 -14 -09 1 CHECKED RY: SCALE: N.T.U. DROER R 0530.0900071 MCd REP0117 ND: N/A I PACE ND: A -1 M7 APPENDIX B a $s i I Hill 4- 4d fi AA *AmC-Av6i*mftL FOREST LAKES WM WW CT F-S33 ® 73oDr �9 NAPLES, COLLIER OQLWTY, A'CADA BMW. LOCATION PL#N o. 1 ID ly & FOREST LAKES MSTU BOND PROJECT F -53 - ua. �nn�cowwawe 1300 FOREST LAKES S°� NAPLES, COLLIER COUNTY, FLORIDA _a.InE. Jo- ls-os. D -r BORING LOCATION PLAN g�0 a a a 0 E FOREST LAKES MSTU BOND PROJECT F -53 �- M. —COLM aN E 1300 FOREST LAKES NAPLES. COLLIER COUNTY. FLORIDA BAB aa: 10 -14 -09 .. - f BORING LOCATION PLAN N.TS. oc.�r0snoa000no0oo �.o: wa. _ 16 S PROJECT NO. 0530.0900071 0000 UNIVERSAL ENGINEERING SCIENCES ATTERBERG RGDEPTH BORING LOG M pER 6" P CREMENT E REPORT NO NIA M L DESCRIPTION -200 (% MG ( %) PAGE: B -2 K (CMISECI I PROJECT: LAKE BULKHEADS BORING DESIGNATION: B -'I SHEET: 'I Of 1 FOREST LAKES MSTU BOND PROJECT F - 53 SECTION: TOWNSHIP. RANGE: NAPLES, COLLIER COUNTY, FLORIDA D CLIENT: MALCOLM PIRNIE G S. EL. (ft): DATE STARTED. 10/9109 LOCATION: SEE BORING LOCATION PLAN WATER TABLE (Ft..) 3.8 DATE FINISHED: 1019109 REMARKS: DATE OF READING: 10/9/09 DRILLED BY RAY EST. W . W T. (FL) TYPE OF SAMP: ASTM 0-1586 S 5A Y ATTERBERG RGDEPTH M pER 6" P CREMENT E N (aLOW51 WT. FT ) M L DESCRIPTION -200 (% MG ( %) LIMITS K (CMISECI I CONTIFT.) ( %) PI D Loose, orange - brown, fine SAND with rock and shell fragments [ SP ] 1 -2 -3 5 Medium dense, light gra and brown, fine SAND with silt and rock SP -SM ] 4 -15-8 23 Z Medium dense, light gray and brown, silty, fine SAND with shell fragments [ SM ] 4 -9 -16 25 Medium dense, ligght gray, fine SAND with 5 silt, rock and shell fragments [ SP -SM ] B -5 -6 11 8 -5 -6 11 : Loose, light gray, fine SAND [ SP ] 3 -4 -6 10.,....,{ 4 -5 -5 10 Medium dense to very loose, fi ht gray, silty, fine SAND with limestoneg( Spy, 1 s .3 -84 !, 12 .. I - Becoming very loose at 17.0 Ft. � I 20 2 -1 -2 3 I Boring Terminated at 20.0 Ft. u PROJECT'NO. -' 0530.0t0RIi0000 UNIVERSAL ENGINEERING SCIENCES REPORTNO N/A BORING LOG PAGE. 8 -3 PROJECT: LAKE BULKHEADS FOREST LAKES MSTU BOND PROJECT F - 53 NAPLES. COLLIER COUNTY, FLORIDA CLIENT: MALCOLM PIRNIE LOCATION: SEE BORING LOCATION PLAN REMARKS: WATER TABLE WAS NOT ENCOUNTERO AT 1.0 FT. PRIOR TO STARTING ROTARY MUD DRILLING THROUGH ROCK [N.EI BORING DESIGNATION. B -2 SHEET: 1 Of 1 SECTION: TOWNSHIP RANGE G.S. EL. (ft) DATE STARTED 10117/09 WATER TABLE (Ft ). IN E, DATE FINISHED: 10)17109 DATE OF READINGS 10/1 R09 DRILLED BY. RAY EST. W.S. W.T. (Ft. i TYPE OF SAMP: ASTM 0-1586 5 S DEPTH (FT.) A M BLOWS PER S" F INCREMENT N (BLOWS/ W T. FT.) y M DESCRIPTION -200 MC ATTERBERG LIMITS K ORG. CONT Y) LL PI E L 0-- Brown, fine SAND [ SP ] 2 -3 -50 ( 1 ") 53- 1) Hard ROCK X, 50 (0) 50 Dense, light gray, silty, fine SAND with rock and shell fragments (SM ] 8 -12 -19 31 5 ilrn tgn fine SAND wth silt, rock shell fragments 12 -20-20 40 [ SP -SM ] 9 -20 50 (5" I 1 70+ o Hard ROCK 50(1 ") 50+ Q �i �a 50(1 ") 50+ !✓ Loose, light gray, silty, fine SAND with limestone fragments SM and shell [ ] j I 15 _.'. 3-4 -3 7 20 2-3-3 6 I Boring Terminated at 20.0 Ft. ff MOM 5 A PROJECT 0530.0900071.0000 UNIVERSAL ENGINEERING SCIENCES ORGDEPTH BORING LOG BLOWS M pER e' P IN CREMEN E O. REPORT NO L 200 ( %) PAGE: B -4 -4 PROJECT: LAKE BULKHEADS BORING DESIGNATION. B -3 SHEET 'I Of 'I FOREST LAKES MSTU BOND PROJECT F - 53 SECTION: TOWNSHIP. RANGE. NAPLES, COLLIER COUNTY, FLORIDA I CLIENT MALCOLM PIRNIE G.S. EL. (ft): DATE STARTED _. 10/9109 LOCATION: SEE BORING LOCATION PLAN WATER TABLE (Ft.. ): N.E. DATE FINISHED: 10/9109 REMARKS. WATER TABLE WAS NOT ENCOUNTERD AT 1.0 FT. DATE OF READING. 10/9/09 DRILLED BY: RAY PRIOR TO STARTING ROTARY MUD DRILLING THROUGH ROCK f N.E 1 EST. W.S. W.T. (Fl.) TYPE OF SAMP ASTM D -1586 5 A 5 Y ORGDEPTH (FT.) BLOWS M pER e' P IN CREMEN E N (BLOWBf WT. FTDESCRIPTION L 200 ( %) ��TTIRII� MC LIMITS ( %) (CM /SEC) I Loose, brown, fine SAND with rock and e, shell fragments [ SP J 2 -3 -6 9 p..o Hard ROCK _X a. 9-50(1") 50, 50(1 ") 50+ -p ° _X 50(1 ") 50+ _.03 Medium dense brown, fine SAND with silt, rack and shell fragments [ SP -SM I 14 -12 -11 23 Medium dense to loose, light gray, silty, fine SAND with rock and shell fragments [ SM ] 7 -7 -8 15 I to- 6-5-5 10 it Medium dense, greenish -gray, clayey, fine SAND (SC] I I MET I Loose, light gray, silty, fine SAND with PEU limestone and shell fragments [ SIM ] 20 _ 4 -3 -2 _ 5 LAIL , 1 Boring Terminated at 20.0 Ft. I � qV6. T I UNIVERSAL ENGINEERING SCIENCES PROJECTNO: `os3d%odonodoo BORING LOG REPORT NO.: N/A PAGE: 8 -5 PROJECT. LAKE BULKHEADS SECTION: TOWNSHIP- FOREST LAKES MSTU BOND PROJECT F - 53 G.S. EL. (ft) NAPLES. COLLIER COUNTY, FLORIDA CLIENT MALCOLM PIRNIE LOCATION: SEE BORING LOCATION PLAN REMARKS. WATER TABLE WAS NOT ENCOUNTERD AT 2.5 FT. (BLOWS/ W'. FT.) PRIOR TO STARTING ROTARY MUD DRILLING THROUGH OESCRIPT ON ROCK [NEI BORING DESIGNATION: B4 SHEET: 1 Of 'I SECTION: TOWNSHIP- RANGE'. G.S. EL. (ft) DATE STARTED: 10/9/09 WATER TABLE( Ft.. ): N.E. DATE FINISHED: 10 /9 /og DATE OF READING -. 10/9/09 DRILLED BY RAY EST W.S. W.T. (Fl) TYPE OF SAMP: ASTM D -1586 S S ATTER6ERG DEPTH (FT.) M PER 6S P INCREMENT E (BLOWS/ W'. FT.) M Q OESCRIPT ON -200 ( /ol NC i°/I LIMITS K (CM/SEC) CONT ( %) F tL PI D — Very loose, gray and brown, fine SAND with ock[SP] 1 -2 -2 4 li �._b Hard ROCK 2 -3.50 ( 3 ") 53, ) 0 l 50(1 ") 50+ 5 Medium dense, dark brown, silty, fine SAND with roots and rock [ SM I 6-8-6 4 _ Medium dense, gray, fine SAND with silt, roots and shell fragments [ SP -SM ] I - 6 -5 -7 12 1 Medium dense, gray, tine SAND with silt and shell fragments [ SP -SM ] _ 5 -6 -6 12 Medium dense, ray, silty, fine SAND with shell fragments gray, ] i 10-7 5 -5 -6 11 se, gray, sit , fine SAND with rock and I ll fragments�SM ] i 15 5 -5 -5 10 [Boring 20 3 -3.2 5 i I Terminated at 20.0 Ft. ® UNIVERSAL ENGINEERING SCIENCES 16810 KEY TO BORING LOGS TERMS DESCRIBING CONSISTENCY Oft CONDITION COARSEGRAINEr SOILS (majorponiona -Win" on No. 200 sieve): includes (1) dean 1. ClaasiicaGOna are based an We United $pi Clasafcaton gravN and sands and (2) city or clayey grovels and sands. Condition .rated eccordirp 10 System and include umsiata y, moiatum, and W.I. Field relatN densny as deteminad by laboratory teab or S.ntlertl penetration roaie.rlce teal,. deapripflons have been rnodfled M reflect moults .1 laboratory teat Daeedotiva Terms R,lative Omsliv SP7 Blew Ca where deemed appmpnab. Count Lowe�� 0 3rD 5 % a 4 2. Surf— elevations am based on Npographl. map, and easmated 4 to 10 - fotations. Medium dense 35 to 65 % 10030 Dense 65 to 85 % 30 to s0 3. Descriptions on three twrnp logs app1Y only at this apedfic Very dmsa 85 b 100% > 50. borklg loGaflans and at the Ome the ta)nrlgs wefa made. They are rot gueronb id to be repraaenbtive of sub,ulface randi5one et other FINE - GRAINED SOILS {major portion. phs.ih an No. 200 sieve): ndudea (1) inwgank and locations or Un e.. organic alts and day., (2) grava0y, sandy, ar airy tlay,, and (3) deyey sdb. Conaiatmry is gyMBOI$ rated according m shearing strength, ea imitated by p his,"mab!— cling . SIT blow count, ar unconfined oomp....inn lee.. Msmared High Wald r Table unenMnad ComproasNe T°+l° LevM High Walter Tale Oa.ddo0ve T. SbengBl kPa SIFT Blow Cnunt Vary soft < 25 2 Son 2510 50 2 W 4 Medium eldf Sp W 100 4 N 8 SUN 10010200 6 to 15 Very SUN 20010400 15 b 30 Hard > 400 > 30 Major Division Grwp� Ti cU Names Symbd Laborawry Classification Cnteda GW W.syradad grovels. gravel-sand Or .r (0„)' maNros, latle or no flnee cu. lh° dun 4; C 0 _ —van 1 and 3 5 S Pood d.d ravels, gravel -saki y$y i3 GP Y9m o p 9 ss R• mticWros, little of flnn �F NameW^6 aYgradenonrpiierronb farGw 53 �a.g Fi F SW grouch, gravel- sand -act V _ >ar G 3 a GM mhnueS . ¢�g y Anl=ra.wu° aa GC Clayey mves, grovel -sand n f va mv. --A A - iAsbaawve¢ a-1 A 4 ' Wana d WT IN a e P b.I. u 4- euerg sed a !d Gw a pa. gives Nan l - dur awned, 0_ s ya m a c wuyraded sands, gravelty, sands, _yi,i'v E c ji3� X °d SW little or no Mesa r�30 Dr 9rrerNn a; }� Cu' cl ° Cc: 0102 pO between 1 artl 3 E o 9 8 52' k 78 e t� SP Poody- graded sands. gravelly Sends. Me or no fin. Nat msaglg el gad.scn neosrenam fr Sw S wg�g SM Stlty sands, s¢ntl -silt i.e. m y6y a`Cx ^j Atlrbrgsmb below -A- S.ge afr3 Ilk IeeeNrl4 Abd 1 -le VnNPI. 6 cenwnsand Tameaner. c gg$ s ";' SC Clayey SarWS, as »,s„ f m �aq eodmg aa. a v g e aur,wnbaa _I s v si. and very fMe y ML rock roar illy, siltyve clayey Me sands sand rtlarer sib wnfl ,light Plasticity m CL I inoryenie tlaya f law M medium der., `'-�- o p X a32 i �„ pinbrdly, groveay sandy clay,, gly dare, lean days 'J m CL I Organic ail. and organic silty days of kAr Odl VI H I plas5city ys kN �g G In g¢ Ic SlUd. mlraeeou. ord.- w rgi @u 9c MH Imateo. tine Sandy or Slly sons. orgamc sib i x10 I i I1 P �al I al�< CH .I p nc tlaya of high plasticity. y'O� ! Iel f — e =into �� S1H a. OH GH - O 9 m ya of ediu td nigh vl scary, organ c sm. , s_ a�E P( rand highly is a uuuu, au' o..r oN.n><aoie Plasticity 3 I�'a Chart ° LM1 .iron ...... W ,e % tie: SP.SC.:mWgaa wM cur -n aril caw : % one 12ti. sail APPENDIX C SUMMARY OF LAKE SHORELINE PROBES Pond 11 Loose boulders along water's edge, no hard rock in bottom of pond to 4' Pond 12 Loose boulders along water's edge, large rocks in footprint of wall Pond 4 Loose rocks along edge, rocks in footprint of wall, deep water @ edge 4'+ Pond 3 Loose rocks along edge, no hard rock in bottom of pond to 4' Pond 5 1 Loose rocks along edge, no hard rock in bottom of pond to 4' Pond 6 Loose rocks along edge, no hard rock in bottom of pond to 4' Pond 7 Loose rocks along edge, no hard rock in bottom of pond to 4' Pond 1 Loose rocks along edge, no hard rock in bottom of pond to 4' c -t <a f, , APPENDIX D Important Information About Your ;; Subsurface rublems are a rinci al cause of construction delays, cost overruns. claims. aMytes. the followin information is provided to het you manage our risks. Geotachnical Services Are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engineer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique; each geotechnical engineering report is uniquely prepared for the dient. No one except you should rely on your geotechnical engineering report without first confiding with the geotechnical engineer who prepared d. And no one -not even you- should apply the report for any purpose or project except the one originally contemplated. A Geotechnical Engineering Report is Based on A Unique Set of Project Specific Factors Geotechnical engineers consider a number of unique project specific factors when establishing the scope of a study. Typical factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conduced the study specifically indicates otherwise, do not rely on a geotechnical engineering report that was: not prepared for you, not prepared for your project not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: • the function of the proposed structure as when We changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or project ownership As a general rule, always inform your geotechnical engineer of project changes -even mirror ones -and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of when they were not informed. .f! Subsurface Conditions Can Change ! - A geotechnical engineering report is based on condth that existed at the time the study was performed. Do not t',ely on a geotechnical engineering report whose adequacy ff* have been affected by the passage of time; by man -made events, such as construction on or adjacent to the site; or by fistural events such as Hood, earthquakes, or groundwaterfluctustions. Always contact the geotachnical engineer before applyUfg the report, to determine if it is still reliable. A minor arftmt of additional testing or analysis could prevent major prob0ft. Most Geotechnical Findings Are Professional Opinions Site exploration Identified subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratoydata and then apply their professional judgement to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ - sometimes significantly -from those indlcated in your report. Retaining the geotechnical engineer who developed your report to provide constrtection observation is the most effective method of managing the risks associated with unanticipated conditions. A Report's Recommendations Are Not Final Do not over rely on the construction recommendations included in your report. Those recommendations are not final, because geotschnical engineers develop them principeUyfrom judgement and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the reporrs recommendations if that engineer does not perform construction observation. A Geotechnical Engineering Report is Subject to Misinterpretation Other design team members' misinterpretation of geotechncal engineering reports has resulted in costly problems. Lower that risk by having your geotechnical engineer confer with appropriate members of the design team after submitting the report. Also, retain your geotechnical engineer to review pertinent elements of We design team's plants and specifications. Contractors can also misinterpret a geotechnical engineering report. Reduce that risk by having Your geotechnical engineer participate in prebid and preconstruction conferences, and by providing construction observation. Do Not Redraw the Engineer's Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only Photographic or electronic reproduction is acceptable, but recognize that separating 1095 from the report can elevate risk. Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give contractors the complete geotechnical engineering report, but preface it with a dearty, written letter of transmittal. In that letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy Is limited; encourage them to confer with the geotechnical engineer who Prepared the report (a modest fee may be required) and/or conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also bevaluable. Be sure contractors have sufficientfimetoperform additional study. Only then might you be In a position to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Read Responsibility Provisions Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disciplines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce such risks, geotechnical engineers commonly include a variety of explanatory provisions in their reports Sometimes labeled "limitations; many of these provisions indicate where geoterhnical engineer's responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoenvironmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform a geoenvironmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenvironmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not 'yet obtained your own geoenvironmental Information, ask your geotechnical consultant for risk management guidance. Do not rely on an environmental report prepared for someone else. Rely on Your Geotechnical Engineer for Additional Assistance Membership in ASFE exposes geotechnical engineers to a wide array of risk management techniques that can be of genuine benefit for everyone involved with a construction project. Conferwith your ASFE - member geotechnical engineerfor more information. AS F E PROFESSIONAL FIRMS PRACTICING IN THE GEOSCIENCES 8811 C01e9ville Road Suite G106 Silver Spring, MD 20910 Telephone: 301-565-2733 Facsimile: 301-589-2017 email: info (Masfe orq www asfe orq Retina i "IM by ASFE. Inc , ASFE W= rinten P^m,is�m u eo �a. dyllfil R Ws Coc�ansnl tho wakke n cite doanianl In Wide a h port, olco is e�reWy P p bleG. W e y be hew a b any OWS whtleoww ie ASFE ty prdxdtea. dnNew a e dMy reeeertli Y nigh Vie eayep parmisaip, dASFE nbr puppeeC IIGER06883.5M CONSTRAINTS AND RESTRICTIONS WARRANTY Universal Engineering Sciences has prepared this report for our client for his exclusive use, in accordance with generally accepted soil and foundation engineering practices, and makes no other warranty either expressed or implied as to the professional advice provided in the report. UNANTICIPATED SOIL The analysis and recommendations submitted in this report are based upon the data obtained from soil borings performed at the locations indicated on the boring Location Plan. This report does not reflect any variations which may occur between these borings. The nature and extent of variations between borings may not become known until excavation begins. If variations appear, we may have to re- evaluate our recommendations after performing on -site observations and noting the characteristics of any variations. CHANGED CONDITIONS We recommend that the specifications for the project require that the contractor immediately notify Universal Engineering Sciences, as well as the owner, when subsurface conditions are encountered that are different from those present in this report. No claim by the contractor for any conditions differing from those anticipated in the plans, specifications, and those found in this report, should be allowed unless the contractor notifies the owner and Universal Engineering Sciences of such changed conditions. Further, we recommend that all foundation work and site improvements be observed by a reprellentative of Universal Engineering Sciences to monitor field conditions and changes, to verify design assumptions and to evaluate and recommend any appropriate modifications to this report. MISINTERPRETATION OF SOIL ENGINEERING REPORT Universal Engineering Sciences is responsible forthe conclusions and opinion contained within this report based upon the data relating only to the specific project and location discussed herein. If the conclusions or recommendations based upon the data presented are made by others, those conclusions or recommendations are not the responsibility of Universal Engineering Sciences. CHANGED STRUCTURE OR LOCATION This report was prepared in order to aid in the evaluation of this project and to assist the architect or engineer in the design of this project. If any changes in the design or location of the structure as outlined in this report are planned, or if any structures are included or added that are not discussed in the report, the conclusions and recommendations contained in this report shall not be considered valid unless the changes are reviewed and the conclusions modified or approved by Universal Engineering Sciences, • �1 USE OF REPORT BY BIDDERS Bidders who are examining the report prior to submission of a bid are cautioned that this report was prepared as an aid to the designers of the project and it may affect actual construction operations. Bidders are urged to make their own soil borings, test pits, test caissons or other investigations determine those conditions that may'affect construction operations. Universal Engineering Sciences cannot be responsible for any interpretations made from this report or the attached boring logs with regard to their adequacy in reflecting subsurface conditions which will affect construction operations. STRATA CHANGES Strata changes are indicated by a definite line on the boring logs which accompany this report. However, the actual change in the ground may be more gradual. Where changes occur between soil samples, the location of the change must necessarily be estimated using all available information and may not be shown at the exact depth. OBSERVATIONS DURING DRILLING Attempts are made to detect and /or identify occurrences during drilling and sampling, such as: water level, boulders, zones of lost circulation, relative east or resistance to drilling progress, unusual sample recovery, variation of driving resistance, obstructions, etc., however, jack of mention does not preclude their presence. WATER LEVELS Water level readings have been made in the drill holes during drilling and they indicated normally occurring conditions. Water levels may not have been stabilized at the last reading. This data has been reviewed and interpretations made,in this report. However, it must be noted that fluctuation in the level of the groundwater may occur due to variations in rainfall, temperature, tides, and other factors not evident at the time measurements were made and reported. Since the probability of such variations is anticipated, design drawings and specifications should accommodate such possibilities and construction planning should be based upon such assumptions and variations. LOCATION OF BURIED OBJECTS All users of this report are cautioned that there was no requirement for Universal Engineering Sciences to attempt to locate any man -made buried objects during the course of this exploration and that no attempt was made by Universal Engineering Sciences to locate any such buried objects which are subsequently encountered during construction that are not discussed within the text of this report. TIME This report reflects the soil conditions at the time of investigation. If the report is not used in a reasonable amount of time, significant changes to the site may occur and additional reviews may be required. 16B 10 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization BID NO. 10.5445 Full Name of Bidder Quality Enterprises USA, Inc. Main Business Address 3894 Mannix Drive, Suite 216, Naples, PL 34114 -5406 Place of Business Same Telephone No, 239- 435 -7200 Fax No. 239 -435 -7202 State Contractor's License # CscA57231, CUC057398 State of Florida Certificate of Authority Document Number F95000002550 Federal Tax Identification Number 54- 0947002 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, Including utility and transportation services necessary to do ail 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. GC -P -1 w 00 V 10) U1 A W N N D O 'O < n N N O '9 < n N 07 c C � 3 T M o N Q W N A v, d M Lo m m N Q- g y (f) 7 TD N v a- 3 O' y o a W n O a (D C a or O N. �. O =3 O CL N o o N D N 00 l0 O O V to O O O O O O Ul (D II E T T T T T r G qh w {/ 4.q LIM N W i/T iA ilk O W 0) O M O O D O O L O W N A Ln Q O 000 U'I (DD A O W O 4A Vf Ql w Ul Ut --j w A O O A to 01 00 a O 00 F+ N W 0 0 tVJt O O A O N o n o S S 0 0 o 16B10 Ito- If 0) fl d a -n 0 N N w C -n Cn w A c w c O � w W >r � m o Cn O (D fp C N N r_O O w 3 Q N rt 7 d rt fD ,� Ft r• N N m 9 p n 16B1p MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. if an exception for a manufacturer and /or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined In the Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5, Please insert additlonal pages as necessary. GC -P -3 16810 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined In the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and Insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non- qualifed Subcontractors In its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to. Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall Identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above, 2. 3. 4. 5. Major Category of Work Subcontractor and Address Fort Myers, Florida CeOENE1! STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years Is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. 2. 3. 9 5 H Project and Location 951 Boat Ramp Par dng Lot Expansion Naples, Florida Aqui Eats Drive Impro ements_ -_ Punta Gorda, Florida Reference Clint Perryman, Collier County Coastal Zone Management Dept. 239 - 252 -4245 Kelly Slaughter __ __ Charlotte County 941 -575 -3657 Diamand Springs Road Mgr. Virginia Beach, Virginia City of Virginia, Public Works Engineering 757- 385 -4131 North Collier Boulevard_ Improvements Mike Danielz Mgr. Infrastr_cu_t�r_e Const. Marco Island, Florida City of Marco Island 239 -825 -9554 Repair Aircraft Parking Apron and Bulkhead, SP Area Phase 1_ Ray Mangus _ Station, Norfolk, Virginia Vanguard Contractors 757- 813 -1225 Dated 3/10/10 Quality Enterprises USA, Inc. _ Bidder—, BY: _ s J. Gaudio, Vice President GC -P�5 1. 2. 3. 4. 5. 16B10 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 Measure (Description) Slope _ Units of Measure L( F,SY) LF Unit (Quantity) 150 Unit Cost $ 3.00 Extended Cost 450.00 TOTAL $ 450.00 _ Failure to complete the above may result in the Bid being declared non - responsive. Dated 3/10/10 Quality Enterprises USA, Inc. Bidder BY: — Louis J. Gaudio, Vice President GO -P -6 A-4,6'rr Caamtv r Affidavlt for Claiming Status as a Local Business Admirlistrsative Servioes Dhiision Purollssln0 Bid #:10 -5445 - Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization (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 Pollcy.: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 R]C011ier County or ❑ Lee County: 1994 Number of Employees (Including Owner(s) or Corporate Officers):_ 128 __ Number of Employees Living in © Collier County or [j Lee (Including Owner(s) or Corporate Officers):-30 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: n „i4t. yn rnriapg_jSA— nr Date; 3/10/10 Signature: iTL _ Title; Vice Presidsnt_ Louis J. Gaudio STATE OF FLORIDA © COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 10th _ Day of March 20 10 Notary Public My Commission Expires: 2/11/14 y' MAROIELCOHEN _ �MY rAMMISSION R DD 940581 EXPIRES: FO6ruerf/y 11, 2014 �/q, h�;F� Oondod Thru Notary Pub116 UMerwrlters (AFFIX OFFICIAL SEAL) GCP -7 ff3Y+[YIf7VS' Immigration Affidavit Certification Arlmfrilstr alive Services fJivislan Dwftsing Bid # :10.5445 Title: Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization 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. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non - responslve. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained In 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained In Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name -Quality Enterprises USA, Inc. Print Name Louis J. r,t Title Vice President Signature Date 3710710 STATE OF Florida COUNTYOF Collier The foregoing instrument was signed and acknowledged before me this 1 nrb day of March 20 10, by Louis J. Gaudio _ who has produced (Print or Type Name) N/A - known as Identification. (Type of Identification and Number) MARGIE L. COHEN MYCOMMISSIONk ryD0940581 No ary Public Signature "' Bonded lTnuNoeBrby PobSo Undemien Marcie L. Cohen Printed Name of Notary Public DD 940581 / February 11 ?014 Notary Commission Number /Expiration 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. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. GC -P -8 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. in the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It Is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. 'The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 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 and twenty (120) 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 twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Resoectfully Submitted State of Flnridn County of collier Louis J. Gaudio 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. Louis J. Gaudio 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. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Virginia I which operates under the legal name of Quality Enterprises USA, Inc. and the full names of its officers are as follows: GC -P -9 16B 10 President Howard J. Murrell Secretary Stacey L. Murrell Manager (b) Co- Partnership The Bidder is a co- partnership consisting of Individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full.name is operating under a trade name, said trade name is DATED NOW legal luu- � I BY: Quality Enterprises USA, InL. Christina M. Hatch Name of Bidder ed) san igna re Lou s J Gaudio GC -P -10 Vice President Title 3894 Mannix Drive, Suite 216 Naples, FL 34114 -5406 Incorporated in the State of Virginia 1691k- STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 10th day of march , 2010, by Louis J Gaudio , as Vice TrUJ =t of Quality Enterprises USA. Inc. a Virginia corporation, on behalf of the corporation. He /she is personally known to me or has produced N/A as identification and did (did not) take an oath My Commission Expires: 2/11/14 fib MARCIELCOHEN MY COMW$8I0N 1 tx 94MI •. EXPIRES: F6bmaIyy11'2014 NAME: 8whdThru Notty Pvb a llhderwipars (AFFIX OFFICIAL SEAL) GC -P -11 (Signature of Notary) Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: DD 940581 1AR 10 KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc. (herein after called the Principal) and Hartford Accident and Indemnity Company ' (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of Hartford and authorized to do business in the State of FL are held and firmly bound unto the Board of County Commissioners Collier County FL (hereinafter called the Owner), in the full and just sum of five percent of attached bid dollars ($ 5% ) 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: Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization Bid No. 10 -5445 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 $ 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 duly signed and sealed this loth day of March , 2010. non las N. Hi ins Inc. Principal BY P , w (Seal) il. Hartfo Acc y a� ' demnit Qom an Surety `l Attorney in, Fact (Seal) Countersigned 62�c�Q £ �5 Local Resident Producing Agent for Ann Arbor. MI 48106 Gc -P- l2 t..r Direct Inquirles /Claims to: POWER OF ATTORNEY PO.B XF210 69 ASYLUM AVENUE HARTFORD, CONNECTICUT 05115 call: 888- 266 -3488 or fax: 860 -757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35. 350851 Hartford Fire Insurance Company, a corporation duly organized trader the laves oftlue State of Connecticur Hartford Casualty Insurance Company, a corporation duly organized under the laws of (lie State of Indiana XO Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State or Connecticut. Twin City Fire Insurance Company, a corporation duly organizedunder the laws of the State of Indiana OHartford Insurance Company of Illinois, a corporation duly organized under the laws of the state orminois Hartford Insurance Company of the Midwest, a corporation duly organized uncles the Imes ofthe State offndian t Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Heather M. Johnson, Judy K. Macklem, Carol J. Youngs of Ann Arbor, MI their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. rr, Eww. n *: F M1rFtl�4. ,¢ ,crEA4 Lti'.i4191d a ILYO r° 1979 Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT } ss. Hartford COUNTY OF HARTFORD On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. "��Cv • Scott E. Paseka Nomry Pabltc CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 10, 2010. Signed and seated at the City of Hartford. r��dr,Ek, C� ,te°°E' +�.t � �,. 6 r•ev � i t9� v � f � t. •E,aI *` C- p, t`> rli. ` EEM•� �r,:.r°f F• \;a: 4� 1979 • 6'v.._� �MI.KE �Ip 'r �E r +f p r �•.itk,�io;,r �1 \.�/ t� \,.rf x�' Gary W. Stumper, Assistant Vice President 16B10 KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA, Inc. (herein after called the Principal) and Travelers Casual and Surety Company of America , (herein Called. the Surety), a corporation chartered and existing under tho laws of the State of Connecticut with Its principal offlcos In the city of Hartford . and authorized to do business in the State of florlda are held and firmly bound unto the Board of County Commissioners, Collier County, Fl. (hereinafter called the Owner), In the full and just sum of -Flvo- Percent- of- Amomrt -Bld- - -- - dollars ($'s%- oaBla - -• ) 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; Forest Lakes IVISTU Project F -63 Quail Run Lake Shoreline Restoration & Stabilization Sid No. 10 -6445 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 $ s % -of -Bid -- noted above as liquidated damages, and not as a penalty, as provided In the Bidding Documents, then this obllgstlon shall be null and void, otherwise to remain In full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed nd sea this 10th day of "larch 2Q10, Qu 6nt sea USA, Inc. _ ' Principal 13Y Howard J. Murrell, President (.Seal) Travelers s alty and Surety Company of America Surety r (Seal) err raw an o ey. n- _ Countersigned. Douglas A. Scribner Local Resident Prod o-Al", a O r avele C sualty and Surety Company of America C GC -P -12- WARNING; THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,�B POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'Travelers Casualty and Surely Company Fidelity and Guaranty Insurance Underwriters, Inc. 7 }avelers Casualty and Surety Company of America St. foul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Patti Guardian Insurance Company Attorney -In Fact No. 220571 Certificate No. 003446374 KNOW ALI,MEN RYT'HESE PRESENTS: That St. Paul File and Marine Imuance Company, St Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company ofAmeriea are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly caNanizod under the paws of Ore State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the paws of the State of Iowa, and that Fidelity and Guaranty Iteuxmce Underwriters, inc., is a corporation duty organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Mark C. Bundy, William E. Crowley, Tammy A. Ward, and Terri Strawhand of the City of Virginia Beach , Slate of Virginia , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more thin one is named abovo, to sign, execute, seal and acknowledge any and all bonds, moognizances, conditional undertakings and otter writings obligatory in the total thereof on behalf of the Companies in their busphess of..guaranteeing the fidelity of persons, guaranteeing the peyformancc of contracts and executing or guaranteeing bonds and undertakings require d or p>�rii 'In at Oils or ceedings allowed by law. a�Wr 3 27th IN WITNESS WHEREOF, the Compawss have paused Otte hnslr(1 �dn4 ttllre aA�n00 rind pGel�4ottjSOrato coals to be hereto affixed, Ihis day of Oc U Farmington Casualty Cogqta[ritny�- r lit, St. Paul Memory Insurance Company Fidelity and Guaranty lrs ranag }rmpan�y�' :,• Travelers Casualty and Surety Company Fidelity and Guaranty InsuNran c"Underwr'Iterx, or. ' Tavelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company pABUA Y'gryy, FBC & NN IM,q �'�MBU NNO O�� Q...gr - y 9L �foxraeniE lr+ `° 4 BB nLJC 'SBALf$ '� roan + 769a State of Connecticut City of Hanford as. By: /George& Tliotapon, tr ice thesident - On this the 27th day of October 2008 , before me personally appeared George W.'Fhompson, who acknowledged himself to he the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insmrance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Irtsurmrce Company, St. Paul Guardian Insurance Company, St. Paul Mercury Tnsunmce Company, Travelers Casualty and Surety Company,'fravelers Casualty and Surety Company of America, and United Stares Fidelity and Guaranty Company, and that ho, as such, being nuthormed so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.Tl7 6t Witness Whereof, I herennur se[ my hand and official seal, �� My Commission expires the 30th day of June, 2011. *P p�LIO # 58440 -4 -09 Printed in U.S.A. i n &Ab A C , �-ZJ � Marie C. Tetr=lt, Notary Public This Power of Attorney is granted under slid by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, PidbRty and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, 'Travelers Casualty and Surety Company of America, and United States Fidelity mid Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President,. any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys- in -Fuct and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, mid other writings obligatory in the nature of a bard, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatoy in the nature of a bond, recognizance, or conditional undertttkiag shall be valid and binding upon the Company when (a) signed by the Ptealdent, may Vice Chairman, any Executive Vice President, my Senior Vice President or my Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretory; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vito President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile sent shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Korl M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity mid Guaranty Insurance Company, Pidelity and Guaranty Insurrnw Underwriters, Inc., St. Paul Fire and Maine Insurance Company, St. Paul Guardien,Ipsulance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unhi;A,,,4tptbs FT�Iftnnd Cny yty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of At[omcy, executed by said Cmnpa'8, wnic,ItAlpuid'full fomotf effect and has not been revoked. TN'ITSTCMONY WHEREOF, I have hereunto set my hand and�qhjj 4 the sd'als 4 smd eihiftnies this �ll''r? clay of Mil rr �1 20 Lam! M1 tAi. - Kori M. Johann Assistant Secretary i6M8 naaaPoRltfO' Q a� o, �0 <race ls`...•^x°" °br nY+ To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travotersbond.com. Please refer to the Attorney -In -Fret number, the above -named individuals and the details of the bond to which the power is attached. 13 INVALID WITHOUT THE 16810 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 dellvery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit Completed 8, Certificate of Authority to Conduct Business in State of Florida 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been Included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiaml Trail, East Naples, Florida 34112 12. The mailing envelope must be sealed and marked with: Bid Number <*Project Name taOpening Date 13, The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Quality Enterp ri sec TTSA Tnc. _ Bidder Name idd nature 8, Title Louis S. Gaudio, Vice President Date: 3LL91L GC -P -13 16B 10 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Quality Enterprises USA, Inc. ( "Contractor") of 3894 Mannix Drive, Suite 216, Naples, FL 34114 a Company, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization, Bid No. 10 -5445 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Malcolm Pirnie, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: One Million One Hundred Fifty Three Thousand Two Hundred Fifty four Dollars and Seventy Five Cents ($1,153,254.75). GC -CA -14 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 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. htm [#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 and twenty (120) 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 twenty (20) 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 GC -CA -15 ims 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 one hundred and forty eight dollars ($1,148) for each calendar day thereafter until 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. CeK@IIHA1U[V, 16810 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. 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 Malcolm Pirnie and identified as follows: Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization as shown on Plan Sheets 1 through 19. 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: Darryl Richard, Project Manager Alternative Transportation Modes Department 2885 S. Horseshoe Drive, Naples FL 34104 (239) 252 -5775 GC -CA -17 16B 10 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: Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406 239/435 -7200 Telephone, 2391435 -7202 Fax Louis J. Gaudio, 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. 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 GC -CA -18 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. GC -CA -19 16810 CONTRACTOR: TWO WITNESSES: Quality ses USA, Inc. T By: _4 FIRST WIT(NrzSS Susan J. Schultz Type /Print Name SECOND WITNESS Marcie Cohen Louis J. Gaudio, Vice President Type /Print Name and Title Type /Print Name Date: 2- , C OWNER: ATTEST.`."' ` BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA &BI s 4104 urn o�tif; Approv To Form and L al Suffi i cy: tw Print Na e: E:eo t-i —Z County Attorney GC -CA -20 BY: I °? Fred W. Coyle, Chairm Item # j (00( C Agenda I Data Date a CCU Rec' _1 T'y I �t� Clerk EXHIBIT A 1 6 B 1 '►+ PUBLIC PAYMENT BOND Forest Lakes MSTU Project P -53 Quail Run Lake Shoreline Restoration & Stabilization Bond No. 105410508 Contract No. 10 -5445 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Travelers Casualty and Surety Company of Ameriac as , Surety, located at One Tower Square, Hartford, CT 06183 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL as Obligee in the sum of One million One Hundred Fifty Three Thousand Two Hundred Fifty Four Outlets and 751100 ($ 1,153,254.75-- ) for the payment whereof we bind ourseNes, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13th day of April 2010, With Obligee for Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization 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 13th day of ?r ■i! 2010, the name of each party being affixed and these presents duly signed by its under- signed representative, pursuant to authority of its governing body. GC-CA -A -1 Signed, sealed and delivered in the presence of: Nitnesses as to Principal Christina M. Hatch STATE OF Florida COUNTY OF Collier 16310 PRINCIPAL The foregoing instrument was acknowledged before me this 13th day of April 20 10, by Howard J. Murrell as President of Quality Enterprises USA, Inc. r a Virginia corporation, on behalf of the corporation. He /she is personally known to me OR has producedN /, as identification and did (did not) take an oath. My Commission Expires; 2/11/14 MARCIELCOHEN (Signature of Notary) � MY COMMISSION# DD 940581 SP EXPIRES: February 11, 2014 NAME: Marcie L. Cohen Bonded Thor Notary Public Dnder ritl (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, Stater of Florida Commission No.: DD 940581 ATTEST: Witnesses to Surety G'C -CA -A 2 SURETY: Travelers Casualty and Surety Company of America (Printed Name) (Business Address (Authorized Signature) (Printed Name) Quality Enterprises USA, Inc. BY: f NAME: HowardiJ. Murrell ITS: _ President The foregoing instrument was acknowledged before me this 13th day of April 20 10, by Howard J. Murrell as President of Quality Enterprises USA, Inc. r a Virginia corporation, on behalf of the corporation. He /she is personally known to me OR has producedN /, as identification and did (did not) take an oath. My Commission Expires; 2/11/14 MARCIELCOHEN (Signature of Notary) � MY COMMISSION# DD 940581 SP EXPIRES: February 11, 2014 NAME: Marcie L. Cohen Bonded Thor Notary Public Dnder ritl (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, Stater of Florida Commission No.: DD 940581 ATTEST: Witnesses to Surety G'C -CA -A 2 SURETY: Travelers Casualty and Surety Company of America (Printed Name) (Business Address (Authorized Signature) (Printed Name) STATE OF yirginie COUNTY OF Virginia Beach 16B lo As Attorney in F t (Attach Power o orney) Tammy A. Ward, Attorney -in -Fact (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) 757 -491 -1100 (Telephone Number) The foregoing instrument was acknowledged before me this 13th day of April , 2010, by Tammy A. Ward _ as Attorney -in -Fact of Travelers Casualty and Surety Company of America Surety, on behalf of Surety. iW* /She is personally known to me OR has produced xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxVW4MIt#?U c ri gPWi'iti'M (did not) take an oath. My Commission Expires: September 30, 2010 (Signature) Name: Terri K. Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: 247448 GC-CA-A-3 16B 1 EXHIBIT A PUBLIC PERFORMANCE BOND Forest Lakes MSTU Project F-53 Quail Run Lake Shoreline Restoration & Stabilization Bond No. 105410508 Contract No. 10 -5445 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Travelers Casualty and Surety Company of America as Surety, located at One Tower Square, Hartfort, CT 06183 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL aS , Obligee In the sum of One Million One Hundred Fifty Three Thousand Two Hundred Fifty Four Dollars and 751100 ($ 1,153,254.75- ) 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 13th day of April , 2010, with Obligee for Forest Lakes MSTU Project F -53 Quail Run Lake Shoreline Restoration & Stabilization - Bid No. 10 -5445 In accordance with drawings and specifications, which contract is Inca a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: and and made Performs the Contract at the times and in the manner prescribed in the Contract; 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 he 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 of to work or to the specifications. GC- CA -A -4 I6B 10 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. 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 13th day of April , 2010, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered In the presence of: us a J. nesses as to Principal f Christina M. Hatch NAME STATE OF Florida COUNTY OF Collier PRINCIPAL ITS: The foregoing instrument was acknowledged before me this 13th day of 1 2010, by Howard J. Murrell as President _ of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He /she is personally known to me OR has produced N/A as identification and-did (did not) take an oath. My Commission Expires: 2/11/ 14 �9.� `k I 1- •�✓ri'. "F'••. MARCIEL COHEN (Signature) :A' & v: MY GOMMISSIONp DD940581 P; exPIHES, February 11,2014 Name: Marcie L. Cohen k 1, (P°"f, Uondea ihru Notary Public Underwriters -- (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD 940581 GG -CA A -5 ATTEST: Witnesses as to Surety STATE OF Virginia COUNTY OF Virginia Beach 16B10 SURETY: Travelers Casualty and Surety Company of America (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in F (Attach Power o ttorney) Tammy A. Ward, Attorney -in -Fact (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) 757 - 491.1100 (Telephone Number) The foregoing instrument was acknowledged before me. this 13th day of April 201t} by Tammy A.Ward as Attorney -in -Facet /A of Travelers Casualty and Surety Company of America a Corporate Surety, on behalf of Surety. M /She is personally known to me OR has produced xxxxxxxxxxxxxxxxxxxxxxxxxxxxx *M;M 6M?Sl�YRWWWM (did not) take an oath. My Commission Expires: -�J- r /L(, //I September 30, 2010 (Signature) (AFFIX OFFICIAL, SEAL) Name: Terri K. Strawhand (Legibly Printed) CA-A-6 Notary Public, State of: Virginia CommisSlon No,: 247448 co WARNING: ^dMk POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220571 St. Paul Mercury Insurance Company 6 B 10 Travelers Casualty and Surety Company Travelers Casualty and Surely Company of America United States Fidelity and Guaranty Company Certificate No. 003446245 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St- Paul Guardian Insurance Company and tit. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly a iz 'ganed under the laws of the Suite of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the " Companie '),: and that the Companies do hereby make, constitute and appoint Mark C. Bundy, William E. Crawley, Tammy A. Ward, and Terri Strawhand of the City of Virginia Beach - _ _ ___ _ , Stale of _ Virginia , their true and lawful Atmmey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute. seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Comp have caused this instrument to be signed and their corporate seals to he hereto affixed, this Uctober� day of Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company 27th St. Paul Mercury Insurance Company 'travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company eao.o. R,pclnY.etb Ott e:: �pVORRJ�i- ^ 1981 0 — £'O - : HNMFOPDIn i N r � r P � '1977 1951 SE AGjeoj 1886 - i m . Yye'M£CF'YR I>p '>�2nuc >.� °lS ANND q& (ti 4.......J? m `V State of Connecticut City of Hartford ss. By — Georg Thompson, viur 'ice President 27th October 2008 On This the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Compan), Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being auhorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by hims'clf as it duly authorized officer. �,TE7T In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 38th day of June, 2011 . O i°usct'u' 58440 -4 -09 Printed in U.S.A. Manic C Teacuult, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Director+ of FarmingTon (73—suaiiyy Cornp it idelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guaranty Company, which resolutions are now in full force and effect. reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or do duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney m to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 0L day of 1 I , 20''ty. �2�__ _ Kori M. Johanse .Assistant Secretary 0-4, J� 6! !�'RVOxS`N Jp�.,nsu94i i6t Hoo SIlRWrp Y V 1 GO IIrREf W RORxl p> i 6' (: MCaMQNItp nr r+ :C� f'.,� S V 19/2 o ii •_ HMIWRD, tNmPoR0. 9 1951 �o� :sexty .YsaxL;� WOc� O� �> . st rT�Nre �vw kMM� ' a 'Y e , : a All To verify the authenticity of this Power of Attorney, call 1 -800- 421 -7850 or contact us at wwwrravelersbond.com. Please refer to the Attorney -In -Pact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID EXHIBIT B 1 b B 1 Q 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. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 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 GC- CA -C -1 16 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 coveraget,ss) 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 company or companies used. The decision of the County to purchase such insurance coverage(s) 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. GC- CA -C -2 =0 Collier County Florida Insurance and Bonding Requirements 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 $2,000,000 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /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 Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /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 $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement, $ Per Occurrence ❑ Pollution Per Occurrence ❑ Professional Liability $_ Per Occurrence • $ 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 ❑ Valuable Papers Insurance $ _ Per Occurrence GC- CA -C -3 16810 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an Irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond In a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects In excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required, 10. ® Collier County Board of County Commissioners shall be named as the Certificate Holder and the certificate must read "For any and all work performed on behalf of Collier County. NOTE: The "Certificate" should read as follows: • For any and all work performed on behalf of Collier County. • Collier County Board of County Commissioners, Naples, Florida No County Division, Department or individual name should appear on the Certificate. 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 Quality Enterprises USA, Inc. Date 3110/10 Vendor Signature Print Name Louis J. Gaudio Insurance Agency Rutherfoord Inc. Agent Name Herb Moss or Heath e r_Garra_rr __ Telephone Number 757- 456 -0577 GC- CA -C -4 ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE(MN110DIYYYY) / /zolo PRODUCER Phone: 757 -456 -0577 Fax: 757- 456 -5296 THIS CERTIFICATE IS ISSUED A VXTEDR OF. INFORMATION Rutherfoord ONLY AND CONFERS NO RIG ON THE CERTIFICATE 222 Central Park Avenue, Suite 1340 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Virginia Beach VA 23462 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA WaUSau Business Insurance Comp Quality Enterprises USA Inc & INSURERB:Wausau Underwriters Insurance Quality Environment Co. 3894 Mannix Drive, Suite 216 INSURERC Interstate. Fire & Casualty. Co Naples FL 34114 -5406 INSURER D: American Int 1 Specialty_ Line. INFIIRFRF COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 'PERM OR CONDITION OF ANY CON' --RACT' OR T2HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 'IHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' OD'L POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRD DATE MM DD Y GATE MM DD/YY A I GENERAL LIABILITY TBKZ91449711039 7/1/2009 7/l/2010 EACHOCCURRENCE $ 1., 000, 000 Naples FL 34112 _ DAMAGE TO RENTED AUTHORIZED REPRESENTATIVE- --yyy+ Icy 1 _ X COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurence)_ $100, 000 CLAIMS MADE $_ I OCCUR MED EXP(Any one person) I $ 5,000 PERSONAL B ADV INJURY $ 1, OQ.O, OOO GENERAL AGGREGATE $ 2, OO.O, OOO GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS COMP /OPAGG $2, COQ, _.. -1 PRO- -000. _..- POLICY IJECT LOG B AUTOMOBILE LIABILITY ASJZ91449711019 7/l/2009 7/1/2010 COMBINED SINGLE LIMIT Se accident) $ 1, 000, 000... X ANYAUTO ALLOWNEDAUTOS BODILY INJURY JJI $ SCHEOULEDAUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON OWNED AUTOS (Per accident) X.!�l_000 Comp_ _ PROPERTY DAMAGE '.$ X 1000 Coll (Peraccident) GARAGE LIABILITY AUTOONLV- EAACCIDENT $ 1 ANY AUTO OTHERTHAN EAACC $. 1, AUTO ONLY AGG $ C EXC_ESSIUMBRELLA LIABILITY PFX70024856 7/l/2009 7/1/2010 EACH OCCURRENCE $1Q_,Q_OO,OQ.Q X OCCUR CLAIMS MADE AGGREGATE $ 10, 000, 00 0 DEDUCTIBLE $ RETENTION $ $ WC STAIN $ WORKERS COMPENSATION AND IWCJZ 91449711029 7/1/2009 7/1/2010 X TO LIMITS OER EMPLOYERS' LIABILITY _ EL EACH ACCIDENT $5001000 ANY PROPRIETOR /PARTNERIEXECUTIVE _ -- OFFICER /MEMBER EXCLUDED? EL. DISEASE EA EMPLOYEE $500,000 tyes,descobeender SPECIAL PROVISIONS below E. L. DISEASE POLICY LIMIT $500 000 D OTHER CP0025895025 7/1/2009 7/1/2010 2,000,000 each claim Pollution Liability 2,000,000 aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Contract #10 -5445 "Forest Lakes MSTU Project F53 Quail Run Lake Shorel'_ne Restoration & Stabilization" Collier County, Florida are Additional insureds under the General '_ability pol' -cy with respect _o work performed by the insured, as required by written contract. CFRTIFICATF HOI DFR CANCELLATION ACORD 25 (2001108) I..1 © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Board of County Commissioners Of Collier BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE County, Florida CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 3301 East Tamiami Trail SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Naples FL 34112 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE- --yyy+ Icy 1 _ ACORD 25 (2001108) I..1 © ACORD CORPORATION 1988 tfTilZolnV`► III tl If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 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 2010 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY ITS: DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , as day of of 2010, by corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -5 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: t 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) Bid No. _ Project No. Application Date 16816 FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date % 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: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC- CA -D -1 ❑ E Z 0 u 0 W U la Z s E w 10-0 0 0 < 16 Zu z < 0 ow z - Q5 z 2S E 0 LU m c <0 X l• - o - M 0 , ❑ 0 m MO)o 0 E I lu I I I I I I I E 0 0 < 0 E Z iR Z o LL 0 < ou < 0 ❑ > W W L) 0 W < > ai 6 w w o -0 0 E F 00 -. m w m im N T 1 w I .2. 0 z w w 0 U m Q f6 3 E O LL v O v d H A d A a d 0 O w co d c c 0 U a s x w 16810 M Q U U C7 0 d— w N m c m V o O d(D o;ga =d Ul N C L — F T •O 7 d U O a > U1 2 C IL - 'o ,a 0 d c > m CO 'w a d H F % O 7 > Q O •d > V d d a` 0 ` d ._ V a o E > > c Z d CL 3 V) c I I i O a v D I I o 16810 M Q U U C7 TO: Project Name: Bid No. : 16810 EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Change Order No.: Date Change Order Description Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Number: ) Cost Center: GC- CA -E -5 Object Code: Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date 16810 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC- CA -F -1 16B The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: relviTHI 10 CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title 2010 CONTRACTOR accepts this Certificate of Substantial Completion on 2010 0 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2010 0 OWNER Type Name and Title GC- CA -F -2 16B ld Bid No.: _ Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST No.: Date: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 2010 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: indicate by N /A. If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 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: GC- CA -H -1 6 those affecting transportation, access, disposal, handling and storage of materials; 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. GC- CA -H -2 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. L!l�Z11610:7261:11111:71VA 4I=1i k& -M 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. GC- CA -H -3 16B10 4.3 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. 4.4 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. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to 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. GC- CA -H -4 16810 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 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. 4.8 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. 4.9 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. 4.10 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: GC- CA -H -5 16610 (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. 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. 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. GC- CA -H -6 16B 10 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. 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 GC- CA -H -7 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. 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 GC- CA -H -8 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 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 GC- CA -H -9 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 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 GC- CA -H -10 16B10 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 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, GC- CA -H -11 j 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. 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 GC- CA -H -12 � r 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 sea. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 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 GC- CA -H -13 16B10 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 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 GC- CA -H -14 16810 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 therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and GC- CA -H -15 e 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. 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 GC- CA -H -16 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 therefore. 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 materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and GC- CA -H -17 16,810 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. 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 GC- CA -H -18 16810 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. f' �91=Iyx01►1F /=RhrL91N.q 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. 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 GC- CA -H -19 16B10 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. 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 GC- CA -H -20 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. 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 GC- CA -H -21 prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and GC- CA -H -22 x � 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 comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; GC- CA -H -23 410810 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 reference. Copies are available through Risk Management and /or Purchasing Departments and available on -line at colliergov.net/purchasing. GC- CA -H -24 168 10 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. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. GC- CA -H -25 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 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 GC- CA -H -26 16B 10 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. 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 GC- CA -H -27 M 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 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 GC- CA -H -28 • i 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, Contractor shall be responsible for the costs of providing background checks and drug testing 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 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 GC- CA -H -29 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. GC- CA -H -30 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 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. GC- CA -1 -1 1661 EXHIBIT J TECHNICAL SPECIFICATIONS Provided in Separate File GC- CA -J -1 r � Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01010 — Summary of Work SECTION 01010 SUMMARY OF WORK PARTI - GENERAL 1.1 LOCATION AND DESCRIPTION OF WORK A. The Work is located on the site of the Quail Run Golf Club, located at I Forest Lakes Blvd, Naples, Florida. B. The CONTRACTOR shall provide all labor, materials, equipment, and incidentals as required and specified to install sheetpile retaining wall systems (bulkheads) and shoreline stabilization as shown in the Drawings in Appendix A. Work includes, but is not limited to, preparing shop drawing and material submittals, bulkhead installation, excavating, backfilling, rip - rapping, grading, and other activities required to complete the work in every respect for the purpose of restoring and maintaining lake shorelines. C. CONTRACTOR shall visit the site and record whatever data necessary to familiarize him or her with the work area and gain sufficient knowledge to submit a responsible bid on this project. CONTRACTOR shall provide documentation of at least five (5) successful sheet piling retaining wall system installations using similar materials. D. Contracting Method: The Work shall be constructed under one prime contract. 1.2 WORK BY OWNER A. The OWNER will perform certain activities in connection with the Work as follows: 1. Offset staking of property lines. CONTRACTOR shall reset any field stakes disturbed by any CONTRACTOR operations at no additional cost to the OWNER. 1.3 CONTRACTOR'S USE OF SITE A. The CONTRACTOR shall be confined to the areas shown on the contract documents. Staging /storage areas shall be coordinated with the OWNER. B. The CONTRACTOR shall be responsible for securing locations for storage of all material and equipment necessary for completion of the Work. The storage 4037 -097 01010 -1 1 �.. Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01010 — Summary of Work layout area shall be submitted to the OWNER/ENGINEER at the preconstruction conference for approval. C. The CONTRACTOR shall move stored products that interfere with the operations of the OWNER, other contractors or others performing work for OWNER. D. Limits on CONTRACTOR's use of Site are: 1. CONTRACTOR shall provide temporary restroom facilities (i.e. Portalet) for use by CONTRACTOR's employees during the term of the project, at no additional cost to the OWNER. Prior to delivery, CONTRACTOR shall obtain written approval from the ENGINEER or his representative for the location of each facility. 2. CONTRACTOR shall use on -site materials wherever possible for fill areas. 3. CONTRACTOR shall provide, install and maintain all temporary means needed to prevent discharge of sediment to water courses from construction activities, rainfall run -off, or erosion. 4. CONTRACTOR shall provide a list of equipment for ENGINEER's approval that will be used to complete the Work. 5. Existing Structures: Work is to be performed in a residential area adjacent to existing condominiums and townhouses. Lake shorelines have eroded, and in some areas are beyond recorded property lines. Bulkheads will be installed in the lake areas shown in the Drawings, and shoreline stabilization will be used in all other lake areas to prevent further erosion. CONTRACTOR shall explore ahead of the required excavation to determine the approximate location of all proposed structures and to become familiar with the limited working area. 6. Existing Utilities: Locate existing underground utilities in the areas of Work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. a. Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, consult ENGINEER or his representative immediately for directions as to procedure. Cooperate with OWNER and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. b. Do not interrupt existing utilities serving facilities occupied and used by OWNER or others, except when permitted in writing by ENGINEER or 4037 -097 01010 -2 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01010 — Summary of Work his representative and then only after acceptable temporary utility services have been provided. 7. Protection of Persons and Property: Barricade open excavations occurring as part of this Work and post with warning lights. Operate warning lights during hours from dusk to dawn each day and as otherwise required. a. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. b. The OWNER shall not be responsible for injury or damage to personnel or equipment resulting from flying golf balls or other golf course hazards. 8. Dust Control: Conduct all operations and maintain the area of activity, including watering operations, sweeping and sprinkling of roadways, to minimize creation and dispersion of dust. 9. The use of explosives will not be permitted. 10. At no point in time is any equipment or personnel permitted to cross golf course fairways unless scheduled with the golf course management and the Engineer. Under no circumstance is CONTRACTOR permitted to go outside of easement boundaries with equipment. CONTRACTOR shall be responsible for any damage done outside of easements. CONTRACTOR shall be responsible to repair damaged area(s) to previous conditions. 11. At no point in time shall play on the golf course be interrupted by CONTRACTOR. All work on the golf course shall be scheduled and approved by the ENGINEER before the start of any work activity. 12. When equipment is not in use, it shall be stored only in designated storage areas approved in writing by ENGINEER or his representative. E. The CONTRACTOR shall: 1. Assume full responsibility for protection and safekeeping of products stored on premises. 2. Provide and pay for labor, materials and equipment; tools, construction equipment and machinery; water, heat and utilities required for construction; and other facilities and services necessary for proper execution and completion of the work. 3. Secure and pay for Government Fees and Licenses. 4037 -097 01010 -3 ,i Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01010 — Summary of Work 4. Give required notice to Agencies and to the public. 5. Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on performance of the Work. 6. Maintain traffic on all roads within the MSTU affected by the construction in compliance with the drawings and specifications. 1.4 SALVAGE OF EQUIPMENT AND MATERIALS A. Existing equipment and materials removed, and not shown or specified to be reused as a part of the Work, shall become the CONTRACTOR's property. The CONTRACTOR shall be responsible for removal and disposal of such property. B. Existing materials removed by CONTRACTOR shall not be reused in the Work, except where so specified or indicated. 1.5 WORKING HOURS A. Working hours are considered to be an 8 -hour period (excluding lunch) between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. Any Work beyond the 8 -hour period is to be requested in writing 24 hours prior and paid for by the CONTRACTOR. B. Any Work required on Saturday or Sunday shall be requested in writing 48 hours in advance. All requests must be approved by the OWNER in advance of the Work. Under emergency situations a verbal request may be made with a follow - up written request. 1.6 DEMOLITION A. Unless otherwise noted, remove all material from areas indicated for demolition. Seal abandoned lines that remain in place behind walls or floor surfaces. Remove existing unused wires. B. The Contractor is responsible for removing and properly disposing of equipment and material as directed by the OWNER or at a site selected by the OWNER. C. Disconnect existing electrical services and controls to items being removed by others as a requirement of this section. 1.7 MUTILATION A. All mutilation of structures around pipes, valves, etc. shall be properly repaired by the CONTRACTOR at no expense to the OWNER. 4037 -097 01010 -4 r► s � Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01010 — Summary of Work 1.8 DISTURBED AREAS A. Restore all areas disturbed by construction to a condition at least equal to the preconstruction condition including, but not limited to, all landscaping, grassing (by sodding or seed), driveways, roads, fences, sprinkler systems, and other improvements. Maintain ingress and egress to all properties adjacent to the construction and minimize in convenience to abutting property occupants. 1.9 SOILS REPORT A. Information Available: 1. The following report of geotechnical exploration conducted by Universal Engineering Sciences, Inc. was utilized by the ENGINEER in the preparation of the Contract Documents. Copies of this report are available for review at the Collier County during regular business hours. a. Geotechnical Exploration for Proposed Lake Bulkheads for the Forest Lakes MSTU Bond Issue Project F -53, dated October 21, 2009. 2. The above report is not guaranteed as to accuracy of completeness and is not part of the Contract Documents, 3. The CONTRACTOR is cautioned that this subsurface data has been utilized for general purposes only and may be inadequate for the purposes of bidding on the Contract items. 4. The making available of this subsurface data is not intended to relieve the CONTRACTOR from their responsibility to familiarize themselves with the subsurface conditions that may in any manner affect cost, progress or performance of the Work. The submission of a bid constitutes on agreement by the CONTRACTOR that he shall make no claim against the OWNER or its agents or employees, the ENGINEER, or its officers, agents or employees because the subsurface data made available to prospective the CONTRACTOR is not representative of the actual subsurface conditions. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) ++ END OF SECTION ++ 4037 -097 01010 -5 i Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01025 — Measurement and Payment SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.1 GENERAL A. The following explanation of the Measurement and Payment for the Bid Form items is provided; however, the omission of reference to any item shall not alter the intent of the Bid Form or relieve the CONTRACTOR of the necessity of constructing a complete project under this Contract. 1.2 DESCRIPTION OF WORK A. This section defines the method that shall be used to determine the quantities of work performed or materials supplied and establish the basis upon which payment shall be made. 1.3 ESTIMATED QUANTITIES A. Where quantities are shown they are approximate and are given only as a basis of calculation upon which the award of the contract is to be made. OWNER or ENGINEER do not assume any responsibility for the final quantities, nor shall CONTRACTOR claim misunderstanding because of such estimate of quantities. Final payment shall be made only for the satisfactorily completed quantity of each item. 1.4 MEASUREMENT STANDARDS A. All work completed under the Contract shall be measured according to United States Standard Methods. 1.5 METHOD OF MEASUREMENT A. Measurement of Length: Unless otherwise specified for the particular items involved, all measurements of distance for items to be paid for on the basis of length shall be taken horizontally or vertically. 4037 -097 01025 -1 M Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01025 — Measurement and Payment B. Measurement of Area: In the measurement of items paid for on the basis of area of finished work, the lengths and /or widths to be used in the calculations shall be the actual dimensions measured along the surface of the completed work within the neat lines shown or designated. At intersections, the measurement used for length of side area shall be measured from the outside edge of the width allowed along the main trench. 1.6 Deleted 1.7 COSTS INCLUDED IN PAYMENT ITEMS A. No separate payment shall be made for the following items (not all inclusive) and the cost of such work shall be included in the applicable pay items of work. 1. Pre - construction audiovisual documentation. 2. Dewatering and disposal of surplus water through a settling box and pipeline as approved by the ENGINEER. 3. Additional structural fill and backfll. 4. Replacement of unpaved roadways, shrubbery plots, trees and existing vegetation, except as otherwise specified. 5. Foundation and borrow materials, except as hereinafter specified. 6. Any material and equipment required to be installed and used for tests. 7. Density testing. 8. Pipe, structures, pavement replacement, restoration, and /or appurtenances included within the limits of lump sum work, unless otherwise shown. 9. Maintaining the existing quality of service during construction. 10. Appurtenant work as required for a complete and operable system. IL Products wasted or disposed of in a manner that is not acceptable. 12. Products determined as unacceptable before or after placement. 13. Products placed beyond the lines and levels of the required Work. 14. Products remaining on hand after completion of the Work. 4037 -097 01025 -2 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01025 — Measurement and Payment 15. Loading, hauling, and disposing of rejected Products. 16. Bypass pumping. 17. Testing, except as otherwise specified. 18. Provisions for pedestrian & vehicular access by the use of ramps, steel plates, walls, etc. 19. Temporary pavement at excavations. 20. Coordination with utility companies. 21. Replacement of any utilities or facilities damaged by the CONTRACTOR within the project limits (including but not limited to existing water mains and services, sanitary sewer, sanitary sewer laterals, stormwater, existing force main, irrigation systems, electrical, telephone, gas, cable TV, signal loops, signal interconnects, streetlight power, etc.) 22. Record drawing preparation. 23. Clean -up. B. Cleanup: CONTRACTOR's attention is called to the fact that cleanup is considered a part of the work of construction. No payment shall be made until cleanup is essentially complete. C. Work Outside Authorized Limits: No payment shall be made for work constructed outside the authorized limits of work. 1.8 APPLICATIONS FOR PAYMENT A. Applications for Payment shall be prepared by the CONTRACTOR and submitted to the ENGINEER in accordance with the schedule established by the Conditions of the Contract and the Agreement. B. Applications for Payment shall be submitted in the number and form established by the ENGINEER at the Preconstruction Conference. The form shall be completely filled out and executed by an authorized representative of the CONTRACTOR. Supporting data such as schedules and paid receipts of stored materials and release of liens shall be attached to each copy of the application. 4037 -097 01025 -3 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01025 — Measurement and Payment 1.9 CHANGE ORDER PROCEDURE A. Requests for Change Orders shall be prepared by the CONTRACTOR and submitted to the ENGINEER in accordance with the schedule established by the Conditions of the Contract and the Agreement. PART2- PRODUCTS Not Used. PART 3- EXECUTION 3.1 BID ITEMS A. BID ITEM NO. 1.0 — MOBILIZATION Measurement: Work as specified shall consist of work preparatory to actual construction at the site. It shall include, but not be limited to, movement of personnel, equipment, supplies, and incidentals to the project site, and for the establishment of safety equipment and first aid supplies, sanitary and other facilities as required by these Specifications, the submittal of all required insurance certificates and bonds, posting of all OSHA required notices and establishment of safety programs at the jobsite, provide CONTRACTOR's superintendent at job site full time, the Supplementary Conditions, and state and local laws and regulations. The costs associated with bonds and any required insurance, permits, and any other preconstruction expense necessary for the start of the work, excluding the cost of construction materials, shall be included in this section. Also included in this section shall be all costs associated with meetings and coordination with the OWNER and ENGINEER for the purpose of discussing project progress or coordination of tie -in locations. Payment: The total lump sum to be paid for this item shall not exceed five percent of the Bid Items 2.0 through 5.0. Not more than 50 percent of the bid item amount shall be paid in the first application for payment and at least 25 percent of the bid item amount shall be paid in the last application for payment as demobilization, with the remainder paid in equal installments over the contract time. No additional payment shall be made for demobilization and remobilization due to shutdowns, suspensions of Work or for other mobilization activities. Demobilization shall include, but not be limited to, the following principal items: 4037 -097 01025 -4 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01025 — Measurement and Payment 1. Removal of all temporary construction facilities. 2. Removal of all equipment and excess materials. 3. Cleanup and restoration of the site to conditions existing prior to construction. B. BID ITEM NO. 2.0 — SHORELINE STABILIZATION Measurement: The quantity for payment shall be for fumishing and installing the shoreline stabilization system as shown or implied by the Construction Drawings and Technical Specifications. The shoreline stabilization system shall be installed in all lake shoreline areas outside of existing or proposed bulkhead locations. Payment: Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all shoreline stabilization construction activities which may include, but not limited to, clearing, grubbing, excavating, backfilling, filter fabric installation, rip - rapping, rough grading, finish grading, silt fencing, sediment barriers, removal of waste, dewatering, site restoration, cleanup, and other activities required to complete the Work in every respect. No extra payment shall be made if rock, muck, debris or other materials are encountered during construction. C. BID ITEM NO. 3.0 — BULKHEAD INSTALLATION Measurement: The quantity for payment shall be for furnishing and the complete installation of vinyl bulkheads as shown or implied by the Construction Drawings and Technical Specifications. Payment: Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all construction activities which may include, but not limited to, clearing, grubbing, excavating, backfilling, bulkhead installation, rip- rapping, rough grading, finish grading, silt fencing, sediment barriers, removal of waste, dewatering, site restoration, cleanup, and other activities required to complete the Work in every respect. No extra payment shall be made if rock, muck, debris or other materials are encountered during construction. D. BID ITEM NO. 4.0 — SODDING (419 BERMUDA SOD) Measurement: The quantity for payment shall be for furnishing and the complete installation of 419 Bermuda sod in the locations shown or implied by the Construction Drawings and'fechnical Specifications. 4037 -097 01025 -5 16810 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01025 — Measurement and Payment Payment: Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all operations which may include, but are not limited to, placement of clean, weed - free 419 Bermuda sod, top- dressing, spraying for weeds and worms, rolling, watering, and other activities required to complete the Work in every respect. E. BID ITEM NO. 5.0 — SODDING (MISC. SOD) Measurement: The quantity for payment shall be for furnishing and the complete installation of Miscellaneous sod in the locations shown or implied by the Construction Drawings and Technical Specifications. Payment: Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all operations which may include, but are not limited to, furnishing clean, weed -free sod, placement, top- dressing, spraying for weeds and worms, rolling, watering, and other activities required to complete the Work in every respect. BID ITEM NO. 6.0 — FILL MATERIAL Measurement: The quantity for payment shall be for furnishing, placing, and compacting fill material in the locations shown or implied by the Construction Drawings and Technical Specifications. Payment: Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all construction activities which may include, but are not limited to, furnishing fill material as required in these Specifications, placement, compaction, and other activities required to complete the Work in every respect. G. BID ITEM NO. 7.0 — ALUMINUM HANDRAILS Measurement: The quantity for payment shall be for furnishing and the complete installation of Aluminum Handrails as shown or implied by the Construction Drawings and Technical Specifications. Payment: Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all 4037 -097 01025 -6 0 0 c n 'a Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01025 — Measurement and Payment operations which may include, but are not limited to, furnishing aluminum handrails in accordance with the Specifications, installation, clean -up, and other activities required to complete the Work in every respect. H. BID ITEM NO. 8.0 — A2000 PVC PIPE 18" Measurement: The quantity for payment shall be for furnishing and the complete installation of A2000 PVC 18" pipe as shown or implied by the Construction Drawings and Technical Specifications. Payment: Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all operations which may include, but are not limited to furnishing pipe in accordance with the Specifications, installation, concrete collars, sodding, clean- up and other activities to complete the Work in every respect. I. BID ITEM NO. 8.0 — A2000 PVC PIPE 12" Measurement: The quantity for payment shall be for furnishing and the complete installation of A2000 PVC 12" pipe as shown or implied by the Construction Drawings and Technical Specifications. Payment: Payment for this unit price bid item shall be full compensation for all associated labor, equipment, supplies, materials, supervision, and performing all operations which may include, but are not limited to furnishing pipe in accordance with the Specifications, installation, concrete collars, sodding, clean- up and other activities to complete the Work in every respect. ++ END OF SECTION ++ 4037 -097 01025 -7 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01026 — Schedule of Values SECTION 01026 SCHEDULE OF VALUES 1.1 GENERAL A. The Schedule of Values is an itemized list that establishes the value or cost of each part of the Work. It shall be used as the basis for preparing progress payments and may be used as a basis for negotiations concerning additional work or credits which may arise during the construction. Quantities and unit prices may be included in the schedule when approved by or required by the ENGINEER. 1.2 PREPARATION A. Schedule shall show breakdown of labor, materials, equipment, and other costs used in preparation of the Bid. B. Costs shall be in sufficient detail to indicate separate amounts for each Section of the Specifications. C. Schedule of Values shall be prepared on 8 -1/2 -inch by 11 -inch white paper. D. Use Table of Contents of the Specifications as basis for Schedule format and identify each item with number and title in the Table of Contents. List sub -items of major products or systems as appropriate or when requested by ENGINEER. E. When requested by ENGINEER, support values with data that will substantiate their correctness. F. The sum of the individual values shown on the Schedule of Values must equal the total Contract Price. G. Each item shall include a directly proportional amount of the CONTRACTOR'S overhead and profit. H. Schedule shall show the purchase and delivery costs for materials and equipment that the CONTRACTOR anticipates he shall request payment for prior to their installation. 1.3 SUBMITTAL 4037 -097 01026 -1 16810 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01026 — Schedule of Values Submit two copies of Schedule to ENGINEER for approval at least 20 days prior to submitting first application for a progress payment. After review by ENGINEER, revise and resubmit Schedule as required until it is approved. ++ END OF SECTION ++ 4037 -097 01026 -2 • i Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 01040 — Project Coordination SECTION 01040 PROJECT COORDINATION lo<fl"2111:Will A. As more fully set forth in the General Conditions, the CONTRACTOR shall be solely responsible for coordination of all of the Work. He /she shall supervise, direct and cooperate fully with all subcontractors, manufacturers, fabricators, suppliers, distributors, installers, testing agencies and all others whose services, materials or equipment are required to ensure completion of the Work within the Contract Time. B. As more fully set forth in the General Conditions, the CONTRACTOR shall cooperate with and coordinate his /her Work with the work of any other CONTRACTOR, utility service company or OWNER'S employees performing additional work related to the Project at the site. C. The CONTRACTOR shall not be responsible for damage done by contractors not under his/her jurisdiction. He /she will not be liable for any such loss or damage unless it is through the negligence of CONTRACTOR. D. The CONTRACTOR shall maintain sufficient competent personnel, drafting equipment and supplies at the site for the purpose of preparing layout and coordination drawings. These drawings shall supplement the Contract Documents, and the working and Shop Drawings as necessary to correlate the work of various trades. Where such drawings are to be prepared by the mechani- cal, electrical, plumbing, or heating and ventilating subcontractor, CONTRACTOR will ensure that each subcontractor maintains the required personnel and facilities at the site. E. The CONTRACTOR shall also coordinate his /her Work with the work of others to assure compliance with schedules. F. The CONTRACTOR shall attend and participate in all project coordination or progress meetings and report on the progress of all Work and compliance with schedules. G. The CONTRACTOR shall coordinate with Quail Run staff to ensure the golf course is aware of when and where CONTRACTOR'S personnel are on site, and for any irrigation system work (i.e. shutdowns, etc.). ++ END OF SECTION ++ 4037 -097 01040 -1 M Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings SECTION 05522 ALUMINUM HANDRAILS AND RAILINGS PART GENERAL 1.1 SCOPE OF WORK A. CONTRACTOR shall provide all labor, materials, tools, equipment, and incidentals as shown, specified, and required to furnish and install aluminum handrail and railing systems. The Work also includes: 1. Providing openings in, and attachments to, aluminum handrail and railing systems to accommodate the Work under this and other Specification Sections. Provide all items for aluminum handrails and railings, including anchorages, fasteners, studs, and other items required for which provision for is not specifically included under other Sections. B. Aluminum handrails and railings Work shall include components and features shown and specified, and all components and features available from specified manufacturers required for providing complete aluminum handrail and railing system in accordance with the Contract Documents. C. Coordination: 1. Review installation procedures under this and other Sections and coordinate installation of items to be installed with or before aluminum handrails and railings Work. 2. Aluminum handrail and railing locations shall conform with the Florida Building Code. 1.2 RELATED WORK A. Related Specifications for work required for this Section: 1. Section 03305: Concrete. 1.3 SUBMITTALS A. The Contractor shall submit shop drawings in accordance with Section 01300, Shop Drawings, Submittals and Samples: 1. Shop Drawings: a. Drawings for fabrication and installation of aluminum handrail and railing systems with sizes of members, pipe wall thickness, 4037 -097 05522 -1 l 810 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings information on components, and anchorage devices. Show all anchorages. Provide details drawn at scale of 1.5 -inch equal to one foot. b. Indicate required location of posts. c. Indicate locations and details of all expansion joints, if any. d. Indicate locations and details of gaps across seismic joints, if any. e. Profile drawings of aluminum handrail and railing system components. f. Custom detail drawings. Details of forming, jointing, sections, connections, internal supports, trim and accessories. Provide details drawn at scale of 1.5 -inch equal to one foot. 2. Product Data: a. Manufacturer's specifications, standard detail drawings, and installation instructions for aluminum handrail and railing systems. b. Manufacturer's catalogs showing complete selection of standard and custom components and miscellaneous accessories for selection by OWNER. 3. Delegated Design Submittals: a. Design Data: 1) Design computations or complete structural analysis of handrail and railing systems, signed and sealed by professional OWNER. Professional Engineer's seal shall be clearly legible, including state of registration, registration number, and name on seal. 2) Certification by professional Engineer that professional Engineer has performed design of aluminum handrail and railing systems in accordance with performance and design criteria stated in the Contract Documents, and that design conforms to all local, state, and federal Laws and Regulations, and to prevailing standards of practice. 4. Samples: a. Samples will be reviewed for finish, color, joint tolerances, workmanship, and general component assembly only. Compliance with other requirements is the responsibility of the CONTRACTOR. Informational Submittals: Submit the following: 1. Certificates: a. Certification on source of supply, as specified in Article 1.3 of this Section. b. Manufacturer certification specified in Article 1.3 of this Section. 2. Qualifications Statements: Submit qualifications for the following: a. Manufacturer, when requested by OWNER. b. Professional Engineer. c. Installer, when requested by OWNER. Qualifications statement shall include record of experience with references specified. 4037 -097 05522 -2 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings C. Closeout Submittals: Submit the following: Maintenance Manuals: Furnish detailed maintenance manuals that include the following: a. Product name and number. b. Detailed procedures for routine maintenance and cleaning, including cleaning materials, application methods and precautions in use of products that may be detrimental to finish when improperly applied. c. Handrail and railings systems manufacturer's current catalog including individual parts. 1.4 REFERENCE STANDARDS A. Standards referenced in this Section are listed below: 1. Aluminum Association (AA), Aluminum Design Manual. 2. ASTM B26/B26M, Specification for Aluminum -Alloy Sand Castings. 3. ASTM B117, Standard Practice for Operating Salt Spray (Fog) Apparatus. 4. ASTM B136, Standard Method for Measurement of Stain Resistance of Anodic Coatings on Aluminum. 5. ASTM B137, Standard Test Method for Measurement of Coating Mass per Unit Area on Anodically Coated Aluminum. 6. ASTM B221, Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles and Tubes. 7. ASTM 13241/13241M, Specification for Aluminum and Aluminum - Alloy Seamless Pipe and Seamless Extruded Tube. 8. ASTM B244. Standard Test Method for Measurement of Thickness of Anodic Coatings on Aluminum and of Other Nonconductive Coatings on Nonmagnetic Basis Metals with Eddy- Current Instruments. 9. ASTM B247, Specification for Aluminum and Aluminum -Alloy Die Forgings, Hand Forgings, and rolled Ring Forgings. 10. ASTM B429, Specification for Aluminum -Alloy Extruded Structural Pipe and Tube. 11. ASTM E 935, Standard Test Methods for Permanent Metal Railing Systems and Rails for Buildings. 12. NAAMM /Architectural Metal Products Division (AMP), Pipe Railing Manual. 13. NAAMM /AMP AMP 501 Finishes for Aluminum. 1.5 QUALITY ASSURANCE A. The Contractor shall provide quality assurance measures for the items specified in this Section. 4037 -097 05522 -3 • Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings B. Qualifications: Manufacturer: a. Manufacturer shall be able to document at least five years successful experience in fabricating aluminum handrail and railing systems of scope and type similar to that required. b. Manufacturer shall be able to capable of providing custom detail drawings for the products required. 2. Professional Engineer: a. CONTRACTOR or handrail and railing manufacturer shall retain a registered professional Engineer legally qualified to practice in same state as the Site. Professional OWNER shall have at least five years experience designing aluminum handrails and railings. b. Responsibilities include: 1) Reviewing aluminum handrail and railing system performance and design criteria stated in the Contract Documents. 2) Preparing written requests for clarifications or interpretations of performance or design criteria for submittal to OWNER by CONTRACTOR. 3) Preparing or supervising preparation of design calculations verifying compliance of aluminum handrail and railing system with requirements of the Contract Documents. 4) Signing and sealing all calculations. 5) Certifying that: a) Design of aluminum handrail and railing system was performed in accordance with performance and design criteria stated in the Contract Documents, and b) Design conforms to all applicable local, state, and federal Laws and Regulations, and to prevailing standards of practice. Installer Qualifications: a. Retain a single installer trained and with record of successful experience in installing aluminum handrail and railing systems. b. Installer shall have record of successfully installing aluminum handrail and railing systems in accordance with recommendations and requirements of manufacturer, or shall provide evidence of being acceptable to the manufacturer. c. Installer shall employ only tradesmen with specific skill and successful experience in the type of Work required. d. When requested by OWNER, submit name and qualifications of installer with the following information for at least three successful, completed projects: 1) Names and telephone numbers of owner and architect or OWNER responsible for each project. 2) Approximate contract cost of the aluminum handrail and railing systems for which installer was responsible. 4037 -097 05522 -4 4 a Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings 3) Amount (linear feet) of aluminum handrail and railing installed. C. Component Supply and Compatibility: 1. Obtain all products included in this Section regardless of component manufacturer, from a single aluminum handrail and railing system manufacturer. 2. Aluminum handrail and railing system manufacturer shall review and approve or prepare all Shop Drawings and other submittals (except for delegated design submittals, when professional Engineer is retained by other than handrail and railing manufacturer) for all components furnished under this Section. 3. Components shall be specifically constructed for specified service conditions and shall be integrated into overall assembly by aluminum handrails and railings manufacturer. D. Regulatory Requirements: Conform to Laws and Regulations including: 1. OSHA Part 1910.23, Guarding Floor and Wall Openings and Holes. E. Certifications: 1. Furnish certification, signed by authorized officer of manufacturer and notarized, stating that handrail and railing systems conform to the design prepared by the professional Enigneer. 2. Furnish certification, signed by authorized officer of CONTRATOR and notarized, stating that all components and fittings are furnished by the same manufacturer. 1.6 WARRANTIES A. Warranties shall be in accordance with Section 00800, Supplemental Conditions, Section 01005, General Requirements and Section 01740, Warranties and Bonds. B. Guarantee: Manufacturer shall provide written guarantee of availability of replacement parts and components for period of at least five years after completion of the Project. 1.7 DELIVERY, STORAGE AND HANDLING A. The Contractor shall adhere to the requirements specified in Section 01620, Storage and Protection and this section for the storage and protection of items specified in this Section. 4037 -097 05522 -5 t)j 10 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings 1. Prior to shipping, completely inspect products to assure that components are complete and comply with requirements of Contract Documents and recommendations of manufacturer. Box or crate products as required to prevent damage during shipment. 2. Deliver products to Site to ensure uninterrupted progress of the Work. Deliver anchorage products that are to be embedded in concrete in ample time to prevent delaying the Work. 3. Inspect all boxes, crates, and packages upon delivery to Site and notify OWNER in writing of loss or damage to products. Promptly remedy loss and damage to new condition per manufacturer's instructions. B. Storage and Protection: 1. Keep products off ground using pallets, platforms, or other supports. Protect products from corrosion and deterioration. C. Handling of Products: 1. Do not subject handrail and railing products to bending or stress. 2. Do not damage edges or handle products in a manner that will cause scratches, warping, or dents. 3. Protect handrails and railings by paper or coating as acceptable to handrail and railing manufacturer, against scratching, splashes of mortar, paint, and other marring during transportation, handling, and erection. Protect until completion of adjacent work. 1.8 SYSTEM DESCRIPTION A. Aluminum handrail and railing system shall be a Series 950 white posts railing system as manufactured by Superior Aluminum Products of Russia, Ohio or approved equal. Aluminum handrail and railing system shall consist of equally spaced horizontal rails with totally concealed mechanical fasteners, internally threaded tubular rivets and components fastened to posts spaced no more than 5.0 feet on centers and system of handrails supported from adjacent construction by mounting brackets spaced at no more than 5.0 feet on centers. PART 2 PRODUCTS 2.1 SYSTEM PERFORMANCE A. Design Criteria and Performance Criteria: 1. Design, fabricate, and install aluminum handrail and railing systems to withstand the most critical effects resulting from the following loads (loads listed below do not act concurrently): a. Uniform Load: 50 pounds per foot, applied at top in any direction. 4037 -097 05522 -6 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings b. Concentrated Load: 200 pounds single load, applied at any point along the top in any direction. C. Components: Intermediate rails (all rails except the handrail), balusters, and panel fillers, if any, shall withstand horizontally - applied normal load of 50 pounds on an area equal to one square foot, including openings and space between rails. Reactions due to this loading are not required to be superimposed to loading specified for main supporting members of handrails and railings. d. Conform to requirements of AA Aluminum Design Manual for determining allowable stresses and safety factors for aluminum structural components. e. Limit deflection in each single span of railing and handrail to 1.5- inch maximum, and to 1.4 -inch maximum on railing posts. Applied loads shall not produce permanent deflection in the completed Work when loads are removed. 2. Thermal Control: Provide adequate expansion within fabricated systems that allows for thermal expansion and contraction caused by material temperature change of 140 degrees F to -20 degrees F without warp or bow of system components. Distance between expansion joints shall be based on providing 1/4 -inch wide joint at 70 degrees F, which accommodates movement of 150 percent of calculated amount of movement for specified temperature range. 3. Where handrail and railing systems cross expansion joints in the building or structure, provide expansion joints in handrail and railings systems. 4. For posts located at or near end of runs, uniformly space intermediate posts as required to conform to loading and deflection criteria specified, at intervals no greater than maximum post spacing specified. Where posts are shown for handrails along both sides of walkways and other similar locations, locate posts opposite each other; do not stagger post locations. 2.2 MANUFACTURERS A. Products and Manufacturers: Provide one of the following: 1. Custom Fabricated Series 500 Non - Welded Aluminum Pipe Aluminum handrails and railing systems by Superior Aluminum Products, Inc. 2. Or Equal. 2.3 MATERIALS A. Extruded Aluminum Architectural and Ornamental Shapes: ASTM B221, Alloy 6063 -T52. B. Aluminum Forgings: ASTM 13247. 4037 -097 05522 -7 16810 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings C. Extruded or Drawn Aluminum Pipe and Tube: 1. ASTM B429 or ASTM B241/B241M, Alloy 6063 -T5, 6063 -T52, or 6063 -T832 as required by loadings, deflections, and post spacing specified. 2. Provide Schedule 40 pipe, minimum, unless conditions of detail and fabrication require extra -heavy pipe to comply with Specifications. Rails and posts shall have minimum outside diameter of 1.90 inches. D. Reinforcing Bars: Solid, circular profile, 24 inches long, 6061 -T6 aluminum reinforcing bars with same outside diameter as inside diameter of post. E. Anchors and Fastenings: 1. For anchors and fasteners, use Type 316 stainless steel; minimum 0.5- inch diameter. 2. Provide minimum of four bolt fasteners per post where surface - mounted posts are shown. Components shall be in accordance with manufacturer's recommendations and as approved or accepted (as applicable) by OWNER on submittals. F. Castings: 1. Provide high - strength aluminum alloy brackets, flanges, and fittings suitable for anodizing as specified. 2. Aluminum alloy sand castings: ASTM B26/B26M. G. Connector Sleeves: Schedule 40, 5.0 -inch long by 1.610 -inch diameter. H. Sockets: Provide six -inch deep by 2.5 -inc)t outside diameter aluminum sockets with 3.5 -inch wide socket cover on bottom of each socket and on top and bottom of removable post sockets. 1. Custom Cover Flanges: 1/4 -inch high by 4.0 -inch diameter, aluminum. J. Adhesive: Two -part waterproof epoxy -type as recommended by handrail and railing systems manufacturer. K. Non - shrink Grout: Refer to Section 03305, Concrete. L. Toeboards: I. Provide extruded Alloy 6063 -T5 or T52 aluminum alloy toeboards, unless railing is mounted on curbs or other construction of sufficient height and type to conform to OSHA 1910.23. Bars or plates are not acceptable. 4037 -097 05522 -8 i Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings 2. Unless otherwise specified, toeboards shall conform to requirements of OSHA 1910.23, Section (e). M. System Components and Miscellaneous Accessories: Provide complete selection of manufacturer's standard and custom aluminum handrail and railing systems components and miscellaneous accessories required. Show type and location of all such items on Shop Drawings and other submittals as applicable. 2.4 FABRICATION A. General: Unless otherwise shown or specified, provide typical non - welded construction details and fabrication techniques recommended in NAAMM/AMP Pipe Railing Manual and NAAMM /AMP AMP 501. B. Fabricate handrail and railing systems true to line and level, with accurate angles surfaces and straight edges. Fabricate corners without using fittings. Provide bent -metal corners to smallest radius possible without causing grain separation or otherwise impairing the Work. Form elbow bends and wall returns to uniform radius, free from buckles and twists, with smooth finished surfaces, or use prefabricated bends. Provide not less than four -inch outside radius. C. Remove burrs from exposed edges. D. Close aluminum pipe ends by using prefabricated fittings. E. Weep Holes: 1. Fabricate joints that will be exposed to weather to exclude water. 2. Provide 15/64 -inch diameter weep holes at lowest possible point on each post in handrail and railing systems. 3. Provide pressure relief holes at closed ends of handrail and railing systems. F. Toeboards: 1. Provide manufacturer's standard toeboard, which accommodates movement caused by thermal change specified without warping or bowing toeboards. 2. Provide manufacturer's standard toeboard, which accommodates storage for removable socket covers. 3. Coordinate and cope toeboard as required to accommodate cover flanges at posts. 4. Toeboards shall follow curvature of railing. Where railing is shown to have curved contours at corners, or other locations, toeboard shall 4037 -097 05522 -9 E Technical Specifications Forest Lakes MSTIJ Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings likewise be curved to follow line of railing system. G. Reinforcing Bars: Provide reinforcing bar friction -fitted at each post in railing system. Extend reinforcing bars of tubes six inches into cast -in -place sleeves or other types of supporting brackets. H. Mechanically Fitted Component Pipe Handrail and Railing System: 1. Use non - welded pipe handrail and railing system with posts, top and intermediate rail(s), and flush joints. 2. Provide top and one intermediate horizontal rail(s), equally spaced. 3. Do not use blind rivets, pop rivets, or other exposed fastening devices in the Work. Fasteners used for side - mounting fascia flanges where shown or specified may be exposed in the Work. Provide internal threaded aluminum rivets, stainless steel through -bolts with lock nuts, stainless steel sheet metal screws with lock washers, and epoxy adhesive for fastening components of the Work. 2.5 FINISHES A. General: Prepare surfaces for finishing in accordance with recommendation of aluminum producer and the finisher or processor. Adjust and control direction of mechanical finishes specified to achieve best overall visual effect in the Work. Color and Texture Tolerance: Provide uniform color and continuous mechanical texture for aluminum components. OWNER reserves the right to reject aluminum materials because of color or texture variations that are visually objectionable, but only where variation exceed range of variations established by manufacturer prior to fabrication, by means of range of Samples approved by OWNER. 2.6 SOURCE QUALITY CONTROL A. Allowable Tolerances: 1. Limit variation of cast -in -place inserts, sleeves and field- drilled anchor and fastener holes to the following: a. Spacing: Plus -or -minus 3/8 -inch. b. Alignment: Plus -or -minus 1/4-inch. c. Plumbness: Plus -or -minus 1/8 -inch. 2. Minimum Handrails and Railings Systems Plumb Criteria: a. Limit variation of completed handrail and railing system alignment to 1/4 -inch in 12.0 feet with posts set plumb to within 1/16 -inch in 3.0 feet. 4037 -097 05522 -10 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings b. Align rails so variations from level for horizontal members and from parallel with rake of stairs and ramps for sloping members do not exceed 1/4 -inch in 12.0 feet. 3. Provide "pencil- line" thin butt joints. PART 3 EXECUTION 3.1 INSPECTION A. Examine conditions under which Work is to be performed and notify OWNER, in writing of conditions detrimental to proper and timely completion of the Work. Do not proceed with installation until unsatisfactory conditions are corrected. B. Verify to OWNER gauge of aluminum pipe railing posts and rails brought to the Site by actual measurement of on -Site material in presence of OWNER. 3.2 INSTALLATION A. General: 1. Do not erect components that have become scarred, dented, chipped, discolored, otherwise damaged or defaced. Remove from Site railing and handrail system components that have holes, cuts, gouges, deep scratches, or dents of any kind. Repairs to correct such Work will not be accepted. Remove and replace with new material. 2. Comply with installation and anchorage recommendations of NAAMM /AMP Pipe Railing Manual and NAAMM /AMP AMP 501 in addition to requirements specified and approved or accepted (as applicable) submittals. B. Fastening to In -Place Construction: 1. Remove protective plastic immediately before installing. 2. Adjust handrails and railings prior to securing in place, to ensure proper matching at butting joints and correct alignment throughout their length. Plumb posts in each direction. Secure posts and rail ends to building or structure as follows: a. Anchor posts to stair stringers with stringer or support flanges, angle type or floor type as required by conditions, shop- connected to posts and bolted to steel supporting members. Flanges shall be as recommended by manufacturer. Verify that reinforcing bars have been inserted into posts before installation. Do not install posts without reinforcing bar. 4037 -097 05522 -11 t Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings b. Side -mount posts by fastening them securely in brackets attached to steel or concrete fascia as shown and in accordance with approved or accepted (as applicable) submittals. 3. Use devices and fasteners recommended by handrail and railing systems manufacturer and as shown on approved or accepted (as applicable) submittals. C. Cutting, Fitting and Placement: 1. Perform cutting, drilling and fitting required for installation. Set the Work accurately in location, alignment, and elevation, plumb, level, true, and free of rack, measured from established lines and levels. 2. Fit exposed connections accurately together to form tight hairline joints. Do not cut or abrade surfaces of units that have been finished after fabrication, and are intended for field connections. 3. Make permanent field splice connections using manufacturer's recommended epoxy adhesive and 5.0 -inch minimum length connector sleeves. Tight press -fit field splice connectors and install in accordance with manufacturer's written instructions. Follow epoxy manufacturer's recommendations for requirements of installation and conditions of use. 4. Make splices as near as possible to posts, but not exceeding 12.0 inches from nearest post. 5. Field welding is not allowed. Make splices using pipe splice lock employing a single allen screw to lockjoint. 6. Securely fasten toeboards in place with not more than 1/4 -inch clearance above floor level. 7. Drill one 15/64 -inch diameter weep hole not more than 1/4 -inch above top of location of solid reinforcing bar or tube in each post. D. Protection from Dissimilar Materials: 1. Coat aluminum surfaces in contact with dissimilar materials such as concrete, masonry, and steel, coat with coal tar epoxy. 2. Do not extend coating beyond contact surfaces. Remove coating where exposed -to -view in the finished Work. 3.3 CLEANING AND REPAIRING A. Cleaning: Installer shall clean exposed surfaces of handrail and railing systems after completing installation. Comply with recommendations of both handrail and railing system manufacturer and finish manufacturer. Do not use abrasives or unacceptable solvent cleaners. Test cleaning techniques on an unused section of railing before employing cleaning technique. 4037 -097 05522 -12 Technical Specifications Forest Lakes MSTU Bond Project F -53 Section No. 05522 - Aluminum Handrails and Railings 1. Remove stains, dirt, grease, and other substances by washing handrails and railings systems thoroughly using clean water and soap; rinse with clean water. 2. Do not use acid solution, steel wool, or other harsh abrasives. 3. If stain remains after washing, remove defective sections and replace with new material meeting requirements of this Section. B. Handrails and railings shall be free from dents, burrs, scratches, holes, and other blemishes. Replace damaged or otherwise defective Work with new material that conforms with this Section at no additional cost to OWNER. C. 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