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Backup Documents 04/27/2010 Item #16C 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP + 6 v TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. I he completed muting slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu manna lines # I throuidir #4 conardete the checklist and forward to Sue Filson (line #5 Route to Addressee(s) (List in routing order) Office Initials Date 1. Public Utilities Planning & Project M mt. (Initial) Applicable) Agenda Date Item was April 27, 2010 Agenda Item Number 2. — signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document 3. Number of Original I Attached resolutions, etc, signed by the County Attomey's Office and signature pages from Documents Attached 4. Chairman and Clerk to the Board and possibly State Officials.) 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners N/A 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary . Primary contact information is needed in the event one of the addressees above, including Site Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. ) Name of Primary Staff Ronald F. Dillard, Senior Project Manager Phone Number 252 -5338 Contact Public Utilities Planning & Project M mt. (Initial) Applicable) Agenda Date Item was April 27, 2010 Agenda Item Number 16 C I Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Work Order Number of Original I Attached resolutions, etc, signed by the County Attomey's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attomey's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required, 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. ?d Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 4/27/2010 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 16C 1 WORK ORDER "ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONTRACTING SERVICES" Contract 08 -5011, Dated March 11, 2008 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: Master Pump Station 104 Reclaimed Water Supply The work is specified in the proposal dated March 22, 2010 from Douglas N. Higgins, Inc., which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to Douglas N. Higgins, Inc. Scone of Work: Provide all services called for in the plans and specifications to construct the Master Pump Station 104 Reclaimed Water Supply. Schedule of Work: Substantially complete work within 180 calendar days from Notice to Proceed. Liquidated damages will be assessed at $1,180.00 per day for each day this time is exceeded. Finally complete work within 210 calendar days from Notice to Proceed. Liquidated damages will be assessed at $1,180.00 per day for each day this time is exceeded. Comoensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the unit prices provided in the proposal. TOTAL PRICE: $245.840.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: �V-C .� 3 - 2 Ct Ronald F. Dillard, P.E. Senior Project Manager Date Publi tilities Planni & Project Management Department APPROVED BY: 3/31/1D Phil Gr matge , P. .Interim Director Date Public tilities ing & Project Management Department APPROVED BY: cz�o — � / George Yilmaz, astewater DC c Date APPROVED BY: ( �25 �ro Jame W. DeLony,, PE., Puy 1QJ ies Administrator Date ACCEPTED Y: / `� J 110 amel N. Higgins, Vice Presio6nt Date Douglas N. Higgins, Inc. Approved as to form OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTnY, FLORIDA By. {✓ 3 ¢/27// 0 Fred W. Coyle, Chairma Fund: 414 Cost Center: 263614 Object Code: 763100 Project Number: 72549 16C 1 View By Vendor I View By Item Vendor Company: Douglas N. Higgins, Inc. Vendor Username: dnhiaoine MabllizationlMOT Pan $12,000.00 LS 3122/2010!0:03:39 AM $12,000.00 :additional Earth Exraaadcn ! 6 $6.00 _v AM $60.00 3 ;cock Excavation 20 $30.0C CY 3,!22)2010!0:0339 AM $600.00 'ddtiienal Select Fill Material '.0 $16.00 a 3'2 :!2010 10A3 :39 PM 5i60.00 I6 -Inch r'.0 Reclaimed Water Main 55 $5co40 3 %22!2010 t0:0339 AM $27,500.00 6 16 inc^ `10PE Reda m d Nate, plain H7D - a ";.LO -0C LS 3: «;2010 !O: :339 Ahl 3 SA00.00 Cannedicn to 20-Inth PVC Reclaimed slater Main ! $26,300 -00 L 3 221201010:0339 AM 526,030A0 F Laura Re lacerment :00 $1s.c0 SY 22, 'CIO L103:39 AM $1,500.00 9 Master Pumping Stator 1,04 Improvements i $150,000,00 i5 3; 22/2c1010:0339 Ah1 s150,000.09 Grand Total $245,840.00' Bid Schedule Final Bid Schedule Quote Response Quote Resconse 1601 MEMORANDUM Date: April 27, 2010 To: Dianna Perryman, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Modification to Contract #10 -5441 Isles of Capri Water Main Replacement Phase I Contractor: Douglas N. Higgins, Inc. Attached please find two original contract amendments (Agenda Item #16C1), approved by the Board of County Commissioners on Tuesday, April 27, 2010. An original amendment document has been retained in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252 -7240. Thank you. Attachment (1) ITEM NO.:'D - OLC,ol (00Z i FILE NO.: ROUTED TO: 16C ` I l DATE RECEIVED- y VA;� -\ 01 W A DO NOT WRITE ABOVE THIS LINE n L i' l` (ll r' REQUEST FOR LEGAL SERVICES y,. y Date: April 27, 2010\� To: Office of the County Attorney Attention: Jeff Klatzkow From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 Re: Contract: #10 -5441 "Isles of Capri Water Main Replacement Phase I" Contractor: Douglas N. Higgins, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on April 13, 2010, Agenda Item 16.C.1 This item has not been submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners 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: Diana Dueri, Water Dept. Ir RLS #_ to FM a- CIIECKLIST FOR RMEWING CONTRACTS Entity Name: Entity name correct on contract? s _ _No 16 C Entity registered with FL Sec. of State? _ Yes No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &)or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $_ Products /Comp) /Op Required $_ Personal & Advert Required $ _ Each Occurrence Required $Z.Wi�A__ Fire/Prop Damage Required $_ Automobile Liability Bodily Inj & Prop Required $�cx� Workers Compensation Each accident equired $ �mr Disease Aggregate( equired $____ Disease Each Emp1JJJJ „,,1( Required $ _ Umbrella Liability Each Occurrence Provided $__1 -V .�J Exp Date " 10 Aggregate Provided $ a r r Exp Date u r /✓, Does Umbrella sufficiently cover any underinsured portion? __Yes � No Professional Liability -�-IODII v-V1'0r Each Occurrence Required $,� Provided $ _1 Exp. Date �2 I 1 Q I 1 Per Aggregate Required $ Provided $_ Exp. Date �— Other Insurance -" Each Occur Type:___ Required $_ _._ Provided es No County required to be named as additional insured? Yes No —No Yes No _ es Yes No Provided $ 'ZyYxy l 1 Exp. Date "Z L I I Provided $ tr r l Exp. Date Provided $ v6 r Exp. Date r Provided $_ it I / __ tt t Exp. Date Provided $,p� Exp. Date Provided $ �Y`c t `t Exp Date Provided $ -C >D Exp Date Provided $ - / I Exp Date t l Provided $ � �. l _ Exp Date Each Occurrence Provided $__1 -V .�J Exp Date " 10 Aggregate Provided $ a r r Exp Date u r /✓, Does Umbrella sufficiently cover any underinsured portion? __Yes � No Professional Liability -�-IODII v-V1'0r Each Occurrence Required $,� Provided $ _1 Exp. Date �2 I 1 Q I 1 Per Aggregate Required $ Provided $_ Exp. Date �— Other Insurance -" Each Occur Type:___ Required $_ _._ Provided County required to be named as additional insured? V- Yes No County named as additional insured? _ es No Indemnification Does indemnification meet County standards? Yes Is County indemnifying other party? __Yes �o :—'"o Performance Bond Bond requirement referenced in contract? es No If attached, expiration date of bond _ -- _ Does dollar amount match contract? / tv� y pG} j . p�( -- Ye Agent registered in Florida? _ es _No No 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? Wes No J i1`es No - es No es No __ No es No Exp Date Yes No Reviewer Initials: _ I� Date_ 04- COA -010?0, 16C I MEMORANDUM TO: Ray Carter Risk Management Department FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE: April 27, 2010 RE: Review of Insurance for Contract: #10 -5441 "Isles of Capri Water Main Replacement Phase I" Contractor: Douglas N. Higgins, Inc. This Contract was approved by the BCC on April 13, 2010, Agenda Item 16.C.1 Please review the Insurance Certificates and Payment & Performance Bonds for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. dod /DP C: Diana Dueri, Water Dept. r -► r APR 2 7 2010 RISK O ;AWJ ENT mausen_g 1 b C From: RaymonclCarter Sent: Tuesday, April 27, 2010 4:26 PM To: perryman_d Cc: DueriDiana; mausen_g; HerreraSandra; DeLeonDiana Subject: Contract 10 -5441 "Isles of Capri Water Main Replacement Phase 1" All, I have approved the certificate of insurance in addition to the payment and performance bonds for contract 10 -5441 provided by Douglas N. Higgins, Inc. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray R V"L07Ld LQJLLeIL 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. 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 Foreign Profit Corporgo DOUGLAS N. HIGGINS INC. Filing Information Document Number 830666 FEI /EIN Number 381807765 Date Filed 08/01/1973 State MI Status ACTIVE Principal Address 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR MI 48108 US Changed 01/25/2000 Mailing Address 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR MI 48108 US Changed 01/25/2000 Registered Agent Name & Address CFRA, LLC CORPORATE CENTER THREE AT INT'L PLAZA 4221 W. BOY SCOUT BLVD, 10TH FLOOR TAMPA FL 33607 -5736 US Name Changed: 05/2712003 Address Changed: 06 128/2004 Officer /Director Detail Name & Address Title V SWEET, JAMES H. 9462 HIDDEN LAKE CIRCLE DEXTER MI Title ST HAWKER, SUZANNE 9462 HIDDEN LAKE CIRCLE DEXTER MI Document Searches Page 1 of 3 Forms Help Entity Name Search Submit http: / /www. sunbiz.org /scripts /cordet.exe ?action =DT' CF 1L &inq_doc_number= 830666 &inq... 4/27/2010 www.sunbiz.org - Department of State Page 2 of 3 16C 1 Title PD HIGGINS, DOUGLAS N View image; in POF format 3390 TRAVIS POINTE RD., SUITE A 01/17/2007 -- ANNUAL REPORT ANN ARBOR, MICH 00000 Title V View image in PDF format WILKIE, KELLY 01119/2005 -- ANNUAL REPORT 3390 TRAVIS POINTE RD / #A ANN ARBOR MI 48108 View image in PDF format Title V 05/27/2003 -- Reg. Agent Change HIGGINS, DANIEL 3390 TRAVIS POINTE RD. SUITE A - View image in PDF format ANN ARBOR MI 48108 02/04/2002 --ANNUAL REPORT Title V WILLIAM, HIGGINS View image, in PDF format ! 3390 TRAVIS POINTE RD/ #A 01/25/2000 -- ANNUAL REPORT ANN ARBOR MI 48108 Annual Reports View image in PDF. format Report Year Filed Date 01/26/1998 -- ANNUAL REPORT 2008 01/07/2008 2009 01/20/2009 View image in PDF format 2010 01/04/2010 01/26 /1996 -- ANNUAL REPORT Document Images 01/04 /2010 -- ANNUAL REPORT View image in PDF format 01/20/2009 ANNUAL REPORT View Image in PDF. format 01 107/2008 -- ANNUAL REPORT View image; in POF format 01/17/2007 -- ANNUAL REPORT View image in PDF format 01/17 /2006 -- ANNUAL REPORT View image in PDF format 01119/2005 -- ANNUAL REPORT View image in PDF format 02/02 /2004 -- ANNUAL REPORT View image in PDF format 05/27/2003 -- Reg. Agent Change View image in PDF format 01/17/2003 -- ANNUAL REPORT - View image in PDF format 02/04/2002 --ANNUAL REPORT View image in PDF format. 01/22/2001 -- ANNUAL REPORT View image, in PDF format ! 01/25/2000 -- ANNUAL REPORT View image in PDF format 02/22/1999 -- ANNUAL REPORT View image in PDF. format 01/26/1998 -- ANNUAL REPORT View image in PDF format -. 02/03/1997 -- ANNUAL REPORT View image in PDF format 01/26 /1996 -- ANNUAL REPORT View image in PDF. format 1 01/25/1995 --ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search http: / /www. sunbiz. org /scripts /cordet.exe ?action =D ETEII,&inq_doc_ number= 830666 &inq... 4/27/2010 www.sunbiz.org - Department of State Page 3 of 3 16C 1 No Events No Name History Submit I Home I Contact us I Document Searches I E- Filinq Services I Forms I Help I Copynqht and Privacy Policies Copyright (c) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe'?action=DETFIL&inq_doc number=930666&inq... 4/27/2010 I Isle of Capri Water Main Replacement Phase 1 COLLIER COUNTY BID NO. 10 -5441 COLLIER COUNTY, FLORIDA Design Professional: Q. Grady Minor & Assoc. Pausing Det altm l- 3561 Tamlan Trail East • Naples, Florida 34112.4w , co!lie:gov netpurchasing 16C 1 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form 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 Q. Grady Minor & Assoc. and identified as follows: Isle of Capri Water Main Replacement Phase 1 as shown on Plan Sheets 1 through 33. EXHIBIT N: Contractor's List of Key Personnel 16C 1 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Isle of Capri Water Main Replacement Phase 1 COUNTY BID NO. 10 -5441 Separate sealed bids for the construction of Isle of Capri Water Main Replacement Phase 1, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 5th day of March 2010, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 18th day of February, 2010, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. All Bidders shall submit all questions via the OnLine Bidding System located at collie rgov.net \bid. All questions will be answered in the OnLine Bidding System. The Engineer's Estimate for this project is One Million six hundred thousand Dollars (1,600,000.00). Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Isle of Capri Water Main Replacement Phase 1 Bid No. 10- 5441and Bid Date of March 5, 2010 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -16) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.collieroov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the GC -PN -1 16C Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One hundred eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 5th day of February, 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Purchasing /General Services Director GC -PN -2 1 16C 1 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -16 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk /CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be GC -IB -1 16C 1 enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the 'Bid Deposit'). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC -I B -2 16C 1 Section 5. Sionina of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC -IB -3 16C 1 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. GC -0 -4 16C , Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or GC -I B -5 160 1 services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of GC -IB -6 16C 1 clarification to assure full understanding of, and responsiveness to solicitation requirements. 12.3 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.4 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, GC -I B -7 6 l meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: GC-113-8 16C 1 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -I B -9 Memorandum Date: March 1, 2010 11 Email: ScottJohnson(oDcollieroov. net Telephone: (239) 252 -8995 FAX: (239) 252 -6588 ADDENDUM From: Scott D. Johnson, Purchasing Agent To: Interested Bidders Subject: Addendum #1 — ITB #10 -5441 "Isle of Capri Water Main Replacement Phase 1" The following clarifications are issued as Addendum #1 identifying the following change (s) for the referenced bid: ITEM NO. 1 — Pre -Bid Conference The Pre -Bid conference was held on February 18, 2010 at 10:OOAM. A brief description of the project was given along with a question and answer period. In this Addendum are items providing clarification. A list of those in attendance and a recording of the meeting is available with County Purchasing. ITEM NO. 2 — Excavation All excavation shall be unclassified with no additional payment to be made for rock, muck or other materials. ITEM NO. 3 — Storage Area A proposed storage area near the existing County water facility is being made available for Contractor use. Sheet No. 13 has been revised and reissued with additional information. ITEM NO. 4 — Driveway Interruption Contractor shall minimize all disruption to existing residential and business driveways. All temporary closure shall be coordinated with the property owner /resident in accordance with the specification. AddRevised: 3/25/09 1 1 ITEM NO. 5 — Water Service Interruption Contractor shall minimize all disruption of existing water service to property owners /residents. This is especially critical for businesses in the area. Contractor shall be responsible for all notification to residents and businesses in accordance with the specification. ITEM NO. 6 — Driveway Culverts Contractor shall exercise extreme care in all work near existing driveway and roadway culverts. A small quantity of culvert replacement has been included where there is direct conflict. Any damage to culverts outside of the trench limits shall be repaired at no additional cost to the County. New end treatments shall match existing and be included in the cost of the culvert material. ITEM NO. 7 — Sod Restoration Sod shall be replaced to match existing. Where 50% or more of the yard is Floritam it shall be replaced with Floritam. All other areas shall be sodded with Bahia. If there is any question concerning sod type to be used, the Contractor shall coordinate with County and property owner. ITEM NO. 8 — Brick / Pattern Concrete The existing brick and embossed concrete drives will have the new main directional bore under them (or at contractors option jack & bore) to avoid removal of these driveways. This will be further identified on the reissued sheets and bid form. This is generally limited to the side street with 6" mains. ITEM NO. 9 — Disinfection / Pressure Testing It is intended that the new main shall be constructed in its entirety including side streets with service stub -outs prior to its flushing, pressure testing and disinfection. The contractor may request an alternative plan, however any additional costs for temporary connections, jumpers, permanent connections, disinfection, pressure tests, etc. shall be borne by the contractor. The County and Engineer will make the necessary certification as required at no additional cost. Note it is critical that service outages be minimized. ITEM NO 10 — Project Substantial / Final Completion Based upon discussion at the Pre -Bid Meeting the project substantial and final completion times shall be revised to 200 and 230 consecutive calendar days. Work shall be limited to 7:OOAM to 7:OOPM Monday through Friday. No work shall be permitted on Saturday or County holidays without prior approval. ITEM NO. 11 — Aerial Crossing The aerial crossing shall be made utilizing flanged, ductile iron pipe in accordance with the County Utility Standard. Upon removal of the existing piping at the aerial crossing, the existing pipe supports shall be cleaned and painted prior to installation of the new piping. New pipe clamps shall be provided for the piping. Piping and supports shall be coated in accordance with requirements for above grade pipe. ITEM NO. 12 — Pre - Construction Audio -Video Recording Pre - Construction Audio -Video recording in accordance with the County Specification (022200) shall be completed. In addition, a Driveway Protection / Replacement Plan and Existing Sod Survey Sheet shall be prepared for each driveway. A sample form is included in this Addendum. ITEM NO. 13— Abandonment Existing Asbestos Cement (AC) pipe shall be abandoned in place by grouting. This includes 3 ", 4" and 6" pipe. Pipe less than 3" in size shall be abandoned in place with no grouting required. The existing 8" and 10" PVC pipe shall be removed when the new system is fully in service except as 16C 1 noted. The Miscellaneous Abandonment Unit Price shall include the removal of the valves, valve pads, blowoffs, existing meter boxes, fire hydrant, etc. that may remain with abandonment of the existing system. The AC pipe is the 3 ", 4" and 6 ". This pipe is to be grouted in place. Any removal of AC pipe for grouting or otherwise as necessary shall be in accordance with the County specification, Local, State and Federal requirements. The pipe that is 8" and 10" is PVC pipe and shall be either grouted in place or removed as noted. ITEM NO. 14— Asphalt Pathways The cost of resting the asphalt pathways shall be included in the Roadway Removal /Replacement Unit Price. ITEM NO. 15 — Surface Restoration Generally surface restoration shall follow construction of the water main and services and is identified in the technical specifications and plans. Where necessary due to additional work in the area, temporary patches and surfacing may be installed. These areas shall be maintained by the contractor until permanent restoration can be made. ITEM NO. 16 — Backflow Devices A catalog cut of the backflow device to be provided by the County is attached for reference. The County will provide the above grade backflow device, but Contractor shall provide all necessary piping and fitting. Bottom of backflow device shall be a minimum of 12" above grade and not exceed 18 ". The County supplied device will included the straight pipe from the bottom 90's up. Contractor shall pick up devices at the County's Mercantile facility. Upon completion of installation the County will provide testing of the installed device. Attached is a Scope of Work sheet for the proposed installation. ITEM NO. 17 — County Supplied Material Upon further review of the discussion concerning potential warranty issues of the county purchasing and supplying most of the material for the project, the County will be limiting their involvement of providing materials for the Project. The County will be supplying the following items for installation by the Contractor. A. Backflow Prevention Devices (To be picked up by Contractor at Mercantile Facility) B. New Water Meters, where necessary (To be picked up by Contractor at Mercantile Facility) The County may be directly purchasing some of the PVC pipe. If this is done a change order will be negotiated with the Contractor. If purchased directly by the County they will arrange delivery of the piping to the Contractors storage yard. The Contractor will be responsible for off - loading, verifying condition and acceptable and maintaining until ready for installation. The Contractor will be responsible for the warranty of the installation and the County will be responsible for any material defects. ITEM NO. 18 — Sales Tax Savings and Direct Purchase The County intends to utilize the provision of the Sales Tax Savings and Direct Purchase found in the General Condition Paragraph 32. This shall include as many of the materials as possible. ITEM NO. 19 — Plan Revision The following plan sheets are reissued with changes. Plan sheets 1,2,4,13,14,15,16,17,19,21,22 and 23. The plans in their entirety are reissued to assist the bidder in both a PDF and AutoCAD format. The Bidders may obtain one (1) full size set of plans at the Engineer's office at no cost. 16C 1 ITEM NO. 20 — Specification Revision The following specification items are reissued: • Project Description • Technical Specification (Exhibit J) ITEM NO. 21 — Bid Form The bid form is revised and reissued. ITEM NO. 22 — Main & Service Line Breaks The Contractor shall be responsible for all repairs to existing water mains and services in the area of their work. This shall include, but not be limited to locations where they are directly cut and crushed or damaged due to construction vehicles or vibration. Revised Plans per the pre -bid Revised Bid Schedule in Online bidding System Attendance Sheets from Pre -bid If you require additional information please post a question on the eBid site or contact me (contact information above). c: Diana Dueri Memorandum Date: March 3, 2010 16C Email: ScottJohnsonCcDcolllergoy net Telephone: (239) 252 -8995 FAX: (239) 252 -6588 ADDENDUM From: Scott D. Johnson, Purchasing Agent To: Interested Bidders Subject: Addendum #1 — ITB #10 -5441 "Isle of Capri Water Main Replacement Phase 1" The following clarifications are issued as Addendum #1 identifying the following change (s) for the referenced bid: Revised specs re reflect changes in County Direct Purchases Revised Bid Schedule in Online bidding System If you require additional information please post a question on the eBid site or contact me (contact information above). c: Diana Dueri 1 Addend umTemplate Revised: 3/25/09 1 COLLIER COUNTY WEST WIND MOBILE HOME PARK WATER DISTRIBUTION IMPROVEMENTS Driveway Protection /Replacement Plan and existing Sod Survey Homeowner's Address: Villasenor Residence 107 Andrea Ln Naples, FL 34114 Existing Condition Photograph: Date of Photograph: 9/4/2009 Protection /Replacement Plan: Cut driveway apron Remove concrete, Install Pipe, than re -pour concrete driveway. Sod Type (to be Replaced): Bahia Final Condition Photograph: Submitted By: Guymann Construction of FL, Inc. Approved By: AECOM Date of Photograph: Date: Date: l 6 +C l 16C 1 ISLE OF CAPRI WATERMAIN REPLACEMENT PHASE 1 BACKFLOW PREVENTATION DEVICE Upon completion of the new water main construction and its clearance, the new water main connection will be made at the individual services. This shall include new water meter boxes, connection to existing meter and installation of a new County supplied backflow prevention device. 1. The County will give a worksheet to the Contractor to fill out each address. The worksheet has the following information: address, names of personnel completing task, BFP #, meter #, parts used, and signature of competent person responsible for completion of task. 2. The Contractor shall be responsible for coordinating with each property owner / resident for the connection to the new main and installation of the backflow prevention device. This work should ideally be completed on a street by street basis. 3. Contractor will be responsible for excavation at each site. It is required that the contractor takes pictures of each site prior to and after the installation. These photos should be attached to the worksheet. The Contractor will not be allowed to start any work until the before pictures are delivered to the Project Manager. 4. Contractor may wish to use customer's shut -off on the side of the home to minimize dewatering, but in doing so takes full responsibility should the valve fail in the performance of the task. 5. Contractor is responsible for locates at the individual work- sites. 6. The backflow devices shall be picked up by the contractor at the County's Mercantile Facility. The Contractor shall provide written receipt of the devices. Upon receipt the Contractor shall be responsible for their security. 7. Installation of the assemblies will be per detail — Attachment A. Device will be level and plumb. Connections to the customer's side plumbing will be professional and utilize as few parts as possible, but not adding any undue stress to existing piping. No leakage will be acceptable. 8. On completion of backflow preventer installation, the service shall be flushed to the resident's hose bib on incoming side, removing as much air as possible. C WR01- ENG\C \CCU74 \08CDo X01IIidding- Addenda- CGo-Con Vnlnmmin Replacement Plmm Ldx 16C 1 9. Collier County will be responsible for the testing of the device, once installed. A complete test report will accompany the work order generated for the task. 10. Contractor will be responsible for back - filling and site repair (grass, plants, concrete, asphalt, etc.) for each address. This includes any repairs to any pre- existing utilities or structures. 11. A completed work form and backflow test report must be submitted for each installation, daily. G.TR07- ENGkMCCU74108CDMsW ] Bidding- Addenda- COs- Coa %Walemiain Replacement Phase Ldw 16C 1 Q. GRADY MINOR At ASSOCIATES, P.A. DATE: 212Z k 201 p Ch41 Engineers a Land Surveyors a Planners ■ Landscape Architects 3800 Via Del Rey PROJECT: A�LC OF CA-Pel _Pn 1 Bonita Springs, Florida 34139�ACe�w� vtCC° (239) 947 -1144 a Fox (239) 947 -0375 Email: engineering @gradyminorcom PREPARED BY Dw EB0005151 / LB0005151 I LC26000266 — LL VALVES 6" LONG NIPPLE UNION UNION THREADED 90' ELBOW 24" LONG NIPPLE 4" LONG 4" LONG NIPPLE NIPPLE 24" LONG NIPPLE RP2 VALVE 12' (MIN.) 18' (MAX, THREADED 6" LONG NIPPLE 90' ELBOW 6" LONG NIPPLE THREADED 90' ELBOW „y: • ,N THREADED COUPLING REPAIR METER SPUD COUPLING METER BOX SERVICE LINE COUMTY SUPIPL1VEU 314 " — MBLY 16C 1 FEATURES Sizes: ❑ 314" ❑ 1" ❑ 1 1/4" ❑ 1 1/2" ❑ 2" Maximum working water pressure 175 PSI Maximum working water temperature 180 °F Hydrostatic test pressure 350 PSI End connections Threaded ANSI B1.20.1 OPTIONS (Suffixes can be combined) ❑ - with full port QT ball valves (standard) ❑ L - less ball valves ❑ U - with union ball valves ❑ MS - with integral relief valve monitor switch ❑ P - for reclaimed water systems ❑ S - with bronze "Y" type strainer ❑ BMS - with battery operated monitor switch ❑ FDC - with fire hydrant connection; 2" only ❑ TCU - with test cocks up ❑ V - with union swivel elbows (3/4" & 1 ") ❑ SE - with street elbows ❑ FT - with integral male 45° flare SAE test fitting ACCESSORIES ❑ Air gap (Model AG) ❑ Repair kit (rubber only) ❑ Thermal expansion tank (Model XT) ❑ Soft seated check valve (Model 40XL) ❑ Shock arrester (Model 1250) ❑ QT -SET Quick Test Fitting Set ❑ Ball valve handle locks ❑ Test Cock Lock (Model TCL24) DIMENSIONS & WEIGHTS (do not include pkg ") APPLICATION Designed for installation on potable water lines to protect against both backsiphonage and backpressure of contami- nated water into the potable water supply. Assembly shall provide protection where a potential health hazard exists. STANDARDS COMPLIANCE • ASSE® Listed 1013 • IAPMOO Listed • UL® Classed (less shut -of valves or W th OS &Y valves) • C -ULO Classified • CSA® Certified • AWWA Compliant C611 • Approved by the Foundation for Cross Connection Control and Hydraulic Research at the University of Southern California • NYC MEA 425 -89 -M VOL 3 MATERIALS Main valve body Cast Bronze ASTM B 584 Access covers Cast Bronze ASTM B 584 Fasteners Stainless Steel, 300 Series Elastomers Silicone (FDAApproved) Buna Nitrite (FDAApproved) Polymers NorylTlt, NSF Listed Springs Stainless steel, 300 series w 0 Relief Valve discharge port: 3/4° - 1" - 0.63 sq. in. 11/4 " -2" - 1.19 sq. in. d WILKINS a Zurn company, 1747 Commerce Way, Paso Robles, CA93440 Phone:8061238.7100 Fax:8051238 -5766 In Canada: ZURN INDUSTRIES LIMITED, 3544 Nashua Dr., Mississauga, Ontario L4V 1L2 Phone:906 1405 -8272 Fax:9061405.1292 Product Support Help Line: 1- 877- BACKFLOW (1- 877. 222.535(t) • Website: http:!/www.zurn.com DIMENSIONS (approximate) WEIGHT MODEL SIZE AUNION B LESS BALL LESS WITH A BALL VALVES VALVES C D E F G BALL BALL VALVES VALVES in. mm in. mm in. mm in. mm in. I mm in. I mm in. I mm in. Imm in. I mm lea I kg lbs. I kg 3/4 20 12 13051 133/4 349 73/4 197 3 76 3 112 89 5 127 16 1/8 410 10 4.5 12 5.5 1 25 13 330 14' 388 73/4 197 3 76 3112 89 6 127 17318 441 10 4.5 14 8.4 1 114 32 17 13/18 478 1015116 278 +a[470 3 112 89 5 127 8 3/4 171 22 9/16 573 22 10 28 12.7 1432118 31/2 89 811 2 50 181!2 470 201/2 521 1015/16 278 3112 89 5 127 83/4 171 261!2 673 22 10 34 15.4 d WILKINS a Zurn company, 1747 Commerce Way, Paso Robles, CA93440 Phone:8061238.7100 Fax:8051238 -5766 In Canada: ZURN INDUSTRIES LIMITED, 3544 Nashua Dr., Mississauga, Ontario L4V 1L2 Phone:906 1405 -8272 Fax:9061405.1292 Product Support Help Line: 1- 877- BACKFLOW (1- 877. 222.535(t) • Website: http:!/www.zurn.com a 20 016 10 N 6 FLOW CHARACTERISTICS MODEL 975XL 314 ",1 ",1 1/4 ",1 112" & 2" (STANDARD & METRIC) FLOW RATES (I /s) 1.26 2.52 3.8 5.0 TYPICAL INSTALLATION 16C l 20 3.2 6.3 9.5 12.6 15.8 f tu•(azmm)_ - — -- 137 (A " 16 2• (50mm) 103 W 1D 89 y N W 35 a 50 50 100 150 200 250 FLOW RATES (GPM) *Rated Flow (Established by approval agendas) Local codes shall govern Installation require- ments. To be installed in accordance with the manufacturers' instructions and the latest edition of the Uniform Plumbing Code. Unless otherwise specified, the assembly shall be mounted at a minimum of 12" (305mm) and a maximum of 30" (762mm) above adequate drains with sufficient side clearance for testing and maintenance. The Installation shall be made so that no part of the unit can be submerged. DIRECTION OF FLOW -D INDOOR INSTALLATION (- Saoenwi.0wal eMS) Capacity thru Schedule 40 Pipe Pipe size 5 f fsec 7.5 0/sec 10 ft/sec 15 It/sec 118" 1 1 2 3 1/4" 2 2 3 5 3/8" 3 4 6 9 1/2" 5 7 9 14 3/4" 8 12 17 25 In 13 20 27 40 1114" 23 35 47 70 11/2" 32 48 63 95 2" 52 78 105 167 PROTEC'M ENCLOSURE +r s 1'F OPTIONAL AIR GAP WATER METER GRAIN DIRECTIO24 OF FLOW `D INLETSRDTOFF OUTDOOR INSTALLATION SPECIFICATIONS The Reduced Pressure Principle Backfiow Preventer shall be ASSE® Listed 1013, rated to 180 °F and supplied with full port ball valves. The main body and access covers shall be bronze (ASTM 8 584), the seat ring and all internal polymers shall be NSF® Listed NorylTs1 and the seat disc elastomers shall be silicone. The first and second checks shall be accessible for maintenance without removing the relief valve or the entire device from the line. If installed indoors, the installation shall be supplied with an air gap adapter and Integral monitor switch. The Reduced Pressure Principle BackFlow Preventer shall be a WILKINS Model 975XL. WILKINS a Zurn company, 1747 Commerce Way, Paso Robles, CA 93446 Phone:8061238.7100 Pax:8061238 -8769 IN CANADA: ZURN INDUSTRIES LIMITED, 3544 Nashua Dr., Mississouga, Ontado L4V 11-2 Phona:905 /405.8272 Fax:9061405.1292 _ Product Support Help Line: 1- 877- BACKFLOW(1. 877.222 -5369) • Webaits: hllp:iAvww.zurn.com Page 2 of 2 ISLE OF CAPRI WATER MAIN REPLACEMENT — PHASE I PROJECT DESCRIPTION 16C 1 The proposed project shall consist of the replacement of the existing Phase 1 water main and services. The Phase 1 area includes and is north of the existing aerial water main crossing (Near Isle of Capri Fire Department). This shall include but not be limited: the replacement of the existing 6" A.C. and 8" and 10" PVC mains with a new 12" PVC main; grouting of the 4" and 6" A.C. main in place; removal of the existing 8" and 10" PVC main, except as noted; replacement of the existing 2 ", 3" and 4" mains on the side streets with a 6" PVC main (Existing 2 ", and 3" mains to be abandoned -in- place); installation of new water services; relocation of existing water meters to individual water meter boxes (new boxes as required); removal of abandoned fire hydrants, valve boxes, blowoffs, etc.; installation of 12" bypass system at existing Isle of Capri pump station; pavement patching; pavement overlay; striping and; miscellaneous work. The owner will be providing a limited quantity of water main piping for the contractors installation. G: PROJ- ENGVC1CCU74108CDx5 \OIBidding- Addcnda- COs- CaniBid Documcadoc 16C 1 EXHIBIT J TECHNICAL SPECIFICATIONS 1. All roadway materials and work shall be supplied and completed in accordance with the FDOT "Standard Specifications for Road and Bridge Construction" dated 2010 as revised to date. 2. All water main and utility construction shall be supplied and completed in accordance with the Collier County Water -Sewer District, Utilities Standards Manual dated September 2009. Clearing and grubbing shall be limited to work areas only. Contractor shall be responsible for restoring all areas disturbed, by his work. All disturbed areas shall be sodded to match existing. 4. Existing roadway cuts shall be patch in conjunction with water main and water service construction. Upon completion of all work and authorization of County, all roadways shall be overlaid and striped. Temporary striping (painted) shall be initially installed. No reflective pavement markers, with exception of hydrant markers, shall be installed with temporary striping. After 30 day asphalt curing period, the final thermoplastic striping shall be installed with reflective pavement markers. Prior to any striping a Pre - Striping Conference shall be held with County Transportation. 5. In accordance with Collier County Utility Standards a pre- construction video shall be taken with copies provided to County. Contractor shall supplement these videos with still photographs as necessary to reflect existing conditions. This shall include but not be limited to driveways and driveway culvert. 6. Design Professional shall provide electronic copies of plans to be used for construction layout. Contractor shall be responsible for all construction layout and preparation of Record Drawings in accordance with County Specification 017839. Contractor shall field verify all water mains in which connections are to be made. At location where the proposed water main crosses existing water main, the proposed water main is to be laid to grade as close as possible to allow the existing water main to remain in service during construction. Where necessary, the existing water mains shall be adjusted. This adjustment shall be temporary in nature and consist of the use of repair sleeves and temporary piping, 8. Contractor shall contact all utility suppliers, including the City of Marco Island (Wastewater), Embarq, FPL and Comcast for locating of these facilities. Contractor shall coordinate with these utilities for protection and adjustment of their facilities as needed. All costs shall be included in individual bid items. G:\ PROLENG \C\CCU?4lOBCDms \OtBidding- Addenda - COs- Cort\Bid Dmti rent dw M 9. Contractor shall be responsible for the cost of all material testing as required. Testing at roadway crossings shall be in accordance with the County Right -of -Way Ordinance and the issued permit. Testing shall include the following: a. Roadway Crossing i. Limerock Base: Minimum of 1 test per each 6" lift for each lane (2 per roadway crossing). No testing of flowable fill will be required. b, Trench i. Backfill (Earth): Minimum of 2 tests per 200 lineal feet. Where backfill is 12" or greater, density tests are required in each 12" lift. 10. Contractor shall be responsible for all water main testing, disinfection, dechlorination flushing and bacteriological clearance. This may require the main to be completed in multiple sections. 11. Contractor shall be responsible for all Maintenance of Traffic for the project. Maintenance of Traffic shall be in accordance with the FDOT Standard Index and the Manual of Uniform Traffic Control Devise (MUTCD, Part VI). 12. Contractor shall be responsible for development of a Stormwater Pollution Plan as needed. This plan should include the protection of catch basins, curb inlets and canals. Contractor should utilize silt fences, catch basin inlets devices, etc. as required. Contractor shall be responsible for maintenance of all stormwater protection throughout construction. 13. Contractor shall coordinate his work with all other County Contractors and workers. 14. Contractor shall provide two (2) Project Sign upon issuance of a Notice to Proceed. In order to keep the public informed regarding this Public Utilities project, the Contractor shall be required to provide two (2) Construction Project Signs (4' x 8') to be placed on/within Project Site as directed by the County. The sign shall be supported by a minimum of two 4" X 4" white painted posts. The sign shall contain the following information: The left one quarter (1/4) of the sign shall contain the current Collier County logo and a listing of the current Collier County Board of County Commissioners with names and district. Donna Fiala — District 1 Frank Halas — District 2 Tom Henning — District 3 Fred Coyle — District 4 Jim Colletta — District 5 With Specific Note: "Your Tax Dollars at Work" Color shall be: English Ivy Green Glossy Back Ground with White Letters Border: Black Glossy 0 :\PR0]- ENG \0CCU74 \08CDm\01 Bidding- Addenda-M- Cou\Bid Dwinuot.doo 1 16C I The right three quarters (3/4) side of the sign(s) shall contain the following: Name of Project: Isle of Capri Water Main Replacement, Phase 1 Project Design Professional: Q. Grady Minor & Associates, P.A. Project Contractor: Project Management: Collier County Public Utilities Project Completion Date: 2010 Contract for Project Information: Diana Dueri, Project Manager (239) 252 -4218 Color: White Back Ground with English Ivy Green Letters Border: Black Glossy The size of the sign(s) shall be four feet (4') high by eight feet (8') wide unless otherwise requested by the County. The sign shall be in the conformance with the Collier County Land Development Code and in a format approved by the County. The Project Manager shall be provided a proof of the sign format for approval prior to sign construction. 15. The County will be providing the following items for installation by the Contractor. The Contractor shall take receipt of the materials and inspect them for any damage or defects. Acceptance of materials will include responsibility for all storage and protection. The pipe material (if purchased by the County) will be delivered to the Project Storage site at the Isle of Capri repump facility. The backflow devices and new water meters (as required) shall be picked up by the Contractor at the County's Mercantile facility. The Contractor shall be responsible for construction and maintenance of a fenced storage area. The fencing shall include a fabric screen or vinyl slats. Upon completion of work the Contractor shall be responsible for removal and restoration of the material yard including fence removal, removal of any temporary surface, regrading and resodding of the area. Items to be supplied include the backflow prevention devices, new water meter (where necessary) and potentially PVC pipe. The Contractor shall supply all other piping, valves, fittings, restraint and miscellaneous items. The Contractor may obtain and utilize other storage areas. Areas within the Public Right - of -Way may be utilized as temporary storage areas upon approval of the County Utilities and DOT. Private storage areas shall be allowed, however a copy of the agreement with the Owner shall be provided to the County. All agreements shall include complete restoration. 16. Contractor shall coordinate all commercial and business driveway closures with owners in person. Provisions shall be made to maintain access to commercial and business at all times. Contractor shall provide temporary signage at business driveway when necessary for a closure or detour. Special coordination shall be made with the Isle of Capri Fire Department. Driveways may be temporarily patched with stone on a weekly basis, however driveway restoration shall be completed within two (2) weeks of initial disturbance. 17. Contractor shall coordinate all residential driveway closures with owners. Personal coordination is preferred, however when not possible door hanger may be utilized. Form of door hanger notification shall be pre - approved by County. Driveway may be G9PROr.GNGk0CCU74W8CDO 0I Ridding.Addenda-COsComVRid Dwmwnt dw 16C 1 temporarily patched with stone on a weekly basis, however driveway restoration shall be completed within two (2) weeks of initial disturbance. Contractor shall adjust restored driveways to accommodate the final pavement overlay. 18. Contractor shall coordinate all water outages with County and property owners. For outages affecting more than individual or an individual side street, the County will issue a general notification for the area. When outages are limited to individual side streets, the Contractor will need to coordinate the outage with the County and distribute door hangers to individual homes. When outages are required for individual homes, it is preferred that personal coordination is completed by the Contractor. When this is not possible a door hanger may be utilized. 'rho Contractor shall utilize personal coordination with business for individual water service interruption. This outage should be scheduled during "non- business" hours if necessary. 19. The Contractor shall be responsible for maintaining all work areas in a safe and clean manner as identified in the County Standard Specification. This shall include but not be limited to daily sweeping of roadway surfaces. G: NROJ -GNG\C\CCU74 \08CDmkOlDidding- Addenda- COs - Cart \Bid Vo Pmenl.dw EXHIBIT J TECHNICAL SPECIFICATIONS (CONTINUED) MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 WORK INCLUDED 16C I A. Work under this contract shall be measured and paid for as specified in this Division. Payment for any item of work shall be full compensation for the following: 1. Furnishing all labor, tools, equipment and material. 2. Incidental clearing, grubbing, hauling and suitable disposal of debris related to the work. 3. Delivering and installation or placement of material. 4. Excavation, dewatering, stabilization, sheeting, harnessing or bracing and backfilling. 5. Testing to meet requirements of these Specification or applicable permit requirements. 6. Safety precautions, traffic management, damages arising from the nature of the work and action of the elements or any unforeseen difficulties encountered during the prosecution of the work until acceptance by Owner. 7. Costs and expenses for all taxes, commissions, transportation, patent fees and royalties. 8. Final grading and cleanup. 9. Any incidental work normally associated with the item of work. B. The quantities of payment under this Contract will be determined by actual measurement of the completed item, in place, ready for service and accepted by Owner, in accordance with the applicable method of measurement stated below. A representative of Contractor shall witness all field measurement. G: WROJ .CNOICICCU74108CDocsNCIBidding- Addenda - COs- Com\Bid Doct=Cadae 16C 1 C. Payment for any quantities of work in excess of those shown on the Bid Form will not be made without prior written authorization of such additional work authorized by owner through the Engineer. PART 2 PAYMENT OF ITEMS 2.01 MEASUREMENT AND PAYMENT A. Unless specified otherwise in the Bid Form, work under this Contract shall be measured and paid for as follows: 1. Mobilization/Demobilization: Measurement for mobilization / demobilization shall be by Lump Sum for the project and shall not exceed 10% of the amount for the Base Bid. The work shall include, but not be limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities. The cost of bonds and insurance and any other pre- construction expense necessary for the start of the work, excluding the cost of construction materials, shall be included. 2. Maintenance of Traffic: Measurement shall be by Lump Sum for the project and payment shall be pro -rated during the construction based upon work completed. Work shall include labor, materials and equipment for necessary routing of traffic around the construction site. Provide for safe pedestrian and vehicular access with signs, cones and markings to reroute traffic. Provide maintenance of traffic plan for approval prior to beginning of work. 3. Project Sign: Measurement and Payment shall be by each for the project. Work shall include all labor, material and equipment to provide, install and maintain the Project Sign(s) at the site. Upon completion of the Work, the sign(s) shall be removed and disposed of properly. 4. Stormwater Pollution: Measurement shall be by lump sum for the project and payment shall be pro -rated during the construction based upon work completed. Work shall include labor, material and equipment for the installation, maintenance and removal of stormwater pollution devises. Contractor shall be responsible for developing and implementing a plan for protecting work areas from stormwater runoff. 5. Water Main: Measurement and Payment shall be by lineal foot for each size and type. Work shall include all labor, material and equipment as necessary to excavate, install water main and miscellaneous fittings, backfrll, compact, provide testing, flushing, disinfection and G:\ PROr- EHG%C\CCU74\OSCDms\OlBidding- Addenda- COs -C. rWid Dmwm t.do 16C .I bacteriological cleaning and provide surface restoration for a complete installation. 6. Gate Valves: Measurement and Payment shall be per each per size identified. Work shall include all labor, material and equipment as necessary to install all valves, valve boxes, pads and markers as identified. Tee Cut -In: Measurement and Payment shall be per each size identified. Work shall include all construction, labor, material and equipment necessary to cut -in a new tee with repair sleeves as identified. (Gate Valves shall be paid for separately.) It shall include all demolition and surface restoration. 8. Air Release Valve Assembly: Measurement and Payment shall be per each and type as required. Work shall include all labor, material and equipment as necessary to install fittings, piping, valves, air release assembly and enclosure for a complete assembly. As specifically identified pipe bollards may be required. 9. Temporary Bacterial Sample Valves: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment as necessary to install temporary bacterial sample valves and their removal upon final acceptance. 10. Permanent Bacterial Sample Valve: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment as necessary to install a permanent bacterial sample valve. 11. Blow- Off /TBSV: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment necessary to install a fiill bore blow off assembly to be utilized during flushing of water mains. It shall also include a temporary bacterial sample valve. Upon completion and acceptance the blow off assembly shall be removed and disposed of 12. Permanent Blow -Off. Measurement and Payment shall be per each blow off required. Work shall include all labor, materials and equipment as necessary to install a permanent blow off assembly. 13. Fire Hydrant Assembly: Measurement and Payment shall be per each and type as required. Work shall include all labor, material and equipment as necessary to install all fittings, tees, miscellaneous piping, isolation valve, fire hydrant assembly, pads and pavement markers. As specifically identified pipe bollards may be required. G:TR0LENGICXCU74W8CDocs101 Bidding- Addenda COs- CmrWid DocumenLdoc 16C 1 14. Temporary Water Main Jumper: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment as necessary to install a temporary water main connection including fittings, backflow device and miscellaneous testing. Upon final acceptance the temporary juniper shall be removed. 15. Water Main Connection: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment as necessary to coordinate any required water main shit -down, excavate, complete the fire line and final water main connection, backfill, compact and provide final surface restoration. 16. Open Cut/Steel Casing: Measurement and Payment shall be per lineal foot for each type and size. Work shall include all labor, material and equipment necessary to provide installation of a steel casing at the various roadway crossing identified. It shall include excavation, installation of casing, backfilling, compacting and surface restoration (except as noted). Cost of water main is not included. 17. Water Service, Long: Measurement and Payment shall be per each long water service. Work shall include all labor, material and equipment necessary for utility coordination, excavation, installation of new water service under roadways to the right -of -way line, connection to new water main and new water meter(s), flowable fill under pavements, backfilling, compacting and surface restoration. 18. Water Service, Short: Measurement and Payment shall be per each short water service. Work shall include all labor, material and equipment necessary for utility coordination, installation of new water service to the right -of -way line, connection to new water main and new water meter(s), backfilling, compacting and surface restoration. 19. Water Meter Boxes: Measurement and Payment shall be per each water meter box. Existing water main boxes, as directed by County may be replaced. In some locations, existing water meter boxes contain two (2) meters. At these locations one of the two meters will be relocated to the new box. Work shall include all labor, material and equipment necessary for installation of the new water meter boxes, ready for County installation of new water meters. 20. Extra Water Service: Measurement and Payment shall be per lineal foot of each size. This shall be per lineal foot of each size. This shall be for length in excess of 50 lineal feet for a long service and 15 lineal feet for a short service. G:\PR0bENGUICCU74W8CDocsW1 Bidding- Addcnda- M- ConlBid DMUMMit,d" 1601 21. Backflow Prevention Devices: Measurement and Payment shall be per each backflow prevention device installed on individual water service. This shall include all labor, material and equipment as necessary to install to cut the existing service line, install the new backflow device (with miscellaneous fitting and piping) and connect to the existing service. The Owner shall provide the above grade backflow assembly and test the device. 22. Extra '/4" Private Water Service: Measurement and Payment shall be lineal foot of private water service installed. In some locations it may be necessary to adjust the water service location to the property line. At these locations it will be necessary to install a %" polyethylene between the new and original service location. Construction shall provide all labor, materials and equipment for excavation, connecting backfilling and restoration. 23. Water Service Connection: Measurement and Payment shall be per each connection to an existing water service. These are locations in which the meters and backflow device were recently installed. It shall include all labor, material and equipment necessary for excavation, installation of water service line connection, backfilling, compacting and surface restoration. 24. Existing Water Main Adjustment: Measurement and Payment shall be per each and type as required. This shall only be required when the proposed water main and existing water main have a direct conflict. It sliall include all labor, material and equipment necessary to relocate the existing main including excavation, miscellaneous repair sleeves, piping, temporary restraints, backfilling, compacting and temporary protection if installed above grade. Note the type and size of some water main are approximate only and contractor shall field verify type and size and have adequate supplies for a variety of types and sizes. 25. Additional Water Main Deflection: Measurement and Payment shall be per each additional water main deflection that may be required due to unforeseen conditions. It shall include all labor, material and equipment necessary for the deflection including excavation, installation of extra fitting, pipe and pipe restraints, backfilling, compacting and surface restoration. 26. Pipe Grouting: Measurement and Payment shall be per lineal foot of pipe grouted in place by size. It shall include all labor, material and equipment to open the existing pipe, grout the existing pipe in place, remove and properly dispose of all disturbed pipe material and surface restoration. Asbestos cement pipe shall be disposed of in accordance with all applicable local, state and federal requirements. G: TROJ- ENG \MCCU74%8CDws10lUidding�Addenda •COs -Cor \Bid Dwnmendw 16C4j1 27. Pipe Removal: Measurement and Payment shall be per lineal foot of pipe removed by size. It shall include all labor, material and equipment necessary to excavate, remove the existing pipe, backfrll, compact and provide surface restoration. Contractor shall be responsible for all existing utility coordination and proper disposal of all removed materials. Asbestos cement pipe shall be disposed of in accordance with all applicable local, state and federal requirements. 28. Miscellaneous Abandonment: Measurement and Payment shall be lump sum for the miscellaneous abandonment of the existing water system. This shall include all labor, material and equipment necessary for removal of valves, valve pads, blowoffs, existing meter boxes, fire hydrants and other miscellaneous items. 29. Roadway Removal/Replacement: Measurement and Payment shall be per lineal foot of roadway removal and patching necessary for installation of the new water main and water services. It shall include all labor, material and equipment necessary for excavations, backfilling, compacting, installation of flowable fill, base material and asphalt patch. Note asphalt overlay is provided for separately. 30. Asphalt Overlay: Measurement and Payment shall be per square yard of asphalt overlay. It shall include all labor, material and equipment necessary for installation of an asphalt overlay. It shall include all pavement preparation including leveling course at patches, milling as needed at termination points, pavement overlay and temporary and permanent restoration of striping and pavement markings. 31. Driveway Removal/Replacement: Measurement and Payment shall be per square yard of driveway removal and replacement necessary for water main installation by type. It shall include all labor, material and equipment necessary for the demolition of the existing surface and upon installation of the new main the installation of a replacement surface to match the existing. Contractor shall coordinate with property owner during driveway closures. 32. Storm Culvert Removal/Replacement: Measurement and Payment shall be per lineal foot of storm culvert removal and replacement by size and type. This is only for the replacement of deteriorated culvert in which construction necessitate the removal and replacement. Culvert damaged by the contractor outside of his work area shall be replaced at no additional cost. QT R0J- ENG\ C% CCU14 \08CDmsW!Bidding- Addenda-M -Cord id Dwumentdaa 16C 1 33. Temporary Striping: Measurement and Payment shall be per lineal foot of striping by type and size as noted. Temporary striping shall be painted in accordance with FDOT specification. No reflective pavement markers shall be required with temporary striping. It shall include all labor, material and equipment for surface preparation, striping and cleanup. A pre - striping conference shall be held with County DOT. 34. Thermo Striping: Measurement and Payment shall be per lineal foot of striping by type and size as noted. Permanent striping shall be thennoplastic in accordance with FDOT specification. Reflective pavement markers shall be installed with striping. It shall include all labor, material and equipment for surface preparation, striping and cleanup. 35. Storm Sewer: Measurement and Payment shall be lump sum. It shall include all labor, material, equipment necessary for removal of pavement, excavation, installation of boxes and culverts, backfilling, compacting, pavement patching, swale regarding and miscellaneous restoration. G VROJ- EKG %C1CCU74W8CDm\0 laiddiug- Addenda - COs- C=\Bid Dmument,dw 16C"01 EXHIBIT K PERMITS The following Permits for the Project have already been obtained by Collier County or are the Contractor's responsibility to obtain, as noted below. Copies of all obtained Permits shall be made available to the Contractor. It shall be the Contractor's responsibility to read and understand all Permit and Permit Conditions, 1. FDEP General Permit for Water Main Construction — obtained by County. 2. Collier County Right -of -Way Permit — obtained by Contractor (with Assistance from County, County to pay fees.) 3. FDEP Stormwater Permit — obtained and paid by Contractor GA PA01- ENGICICCU74108 CDms10 l8idding.Addenda-COs- ConlBid Dmumeat.do EXHIBIT L STANDARD DETAILS Plans and specification prepared by Q. Grady Minor & Associates, P.A. and identified as follows: Isle of Capri Watermain Replacement -- Phase 1 as shown on Sheets I through 26. DRAWING NO. DESCRIPTION I • Cover Sheet and Index of Drawings 2. General Notes 3. Aerial Photograph and Key Map 4. Plan and Profile - Capri Blvd. (STA. 0 +00 to STA. 6 +00) 5. Plan and Profile - Capri Blvd. (STA. 6 +00 to STA. 12 +00) 6. Plan and Profile - Capri Blvd. (STA. 12 +00 to STA. 18 +00) 7. Plan and Profile - Capri Blvd. (STA. 18 +00 to STA. 24 +00) 8. Plan and Profile - Capri Blvd. (STA. 24 +00 to STA. 30 +00) 9. Plan and Profile - Capri Blvd. (STA. 30 +00 to END) 10. Plan and Profile - Capri Blvd. (North) (STA. 0 +00 to STA. 6 +00) 11. Plan and Profile -Capri Blvd. (North) (STA. 6 +00 to STA.12 +00) 12. Plan and Profile - Capri Blvd. (North) (STA. 12 +00 to STA 18 +00) 13. Plan and Profile - Capri Blvd. (North) (STA. 18 +00 to END) 14. Plan and Profile - San Juan Ave. (STA. 0 +00 to STA. 6 +00) 15, Plan and Profile - San Juan Ave. (STA. 6 +00 to END) 16. Plan and Profile - Samar Ave. (STA. 0 +00 to STA. 6 +00) 17. Plan and Profile - Samar Ave. (STA. 6 +00 to END) 18. Plan and Profile - Panay Ave. (STA. 0 +00 to 6 +00) 19. Plan and Profile - Panay Ave. (STA. 6 +00 to END) 20. Plan and Profile - Luzon Ave. (STA. 0 +00 to END) 21. Plan and Profile - Grenada Ave. (STA. 0 +00 to END) 22. Plan and Profile - Antigua St. (STA. 0 +00 to END). 23. Plan and Profile - Cristobal St. (STA. 0 +00 to END) 24. Plan and Profile - Kon Tiki Dr. (STA. 0 +00 to END) 25. Water Details 26. Erosion Control Details STRIPING PLANS DRAWING NO. DESCRIPTION 1. Striping Plan - Capri Blvd. (STA. 0 +00 to STA. 12 +00) 2• Striping Plan - Capri Blvd. (STA 12 +00 to STA. 24 +00) 3. Striping Plan - Capri Blvd. (STA. 24 +00 to END) 4. Striping Plan - Capri Blvd. (NORTH) (STA. 0 +00 to STA. 12 +00) 5• Striping Plan - Capri Blvd. (NORTH) STA. 12 +00 to END) 6. Striping Plan - Kon Tiki Dr. (STA. 0 +00 to END) 7. Striping Details Ga'ROI- BNMLXCUMOSCDacsl0 [Bidding.Addenda-COs-Con[Bid Document .doe r r Memorandum Date: March 3, 2010 16C 1 Email: ScottJohnsonCDcollieroov. net Telephone: (239) 252 -8995 FAX: (239) 252 -6588 ADDENDUM From: Scott D. Johnson, Purchasing Agent To: Interested Bidders Subject: Addendum #3 — ITB #10 -5441 "Isle of Capri Water Main Replacement Phase 1" The following clarifications are issued as Addendum #1 identifying the following change (s) for the referenced bid: The Addendum issued to with the note that it is `Addendum 1 " is incorrect, it is Addendum 2. Correction and Clarification to Bid schedule If you require additional information please post a question on the eBid site or contact me (contact information above). c: Diana Dueri r� AddendumTemplate Revised: 3/25109 1 (. ISLE OF CAPRI WATER MAIN REPLACEMENT —PHASE 1 PROJECT DESCRIPTION 16C 1 The proposed project shall consist of the replacement of the existing Phase 1 water main and services. The Phase 1 area includes and is north of the existing aerial water main crossing (Near Isle of Capri Fire Department). This shall include but not be limited: the replacement of the existing 6" A.C. and 8" and 10" PVC mains with a new 12" PVC main; grouting of the 6" A.C. main in place; removal of the existing 8" and 10" PVC main, except as noted; replacement of the existing 2 ", 3" and 4" mains on the side streets with a 6" PVC main (Existing 2 ", 3" and 4" mains to be abandoned -in- place); installation of new water services; relocation of existing water meters to individual water meter boxes (new boxes as required); removal of abandoned fire hydrants, valve boxes, blowoffs, etc.; installation of 12" bypass system at existing Isle of Capri pump station and; miscellaneous work. The owner will be directly purchasing the 6" and 12" water main pipe; 6 ", 8 ", 10" and 12" gate valves and valve boxes; fire hydrants; permanent bacterial sample valves with housing; air release valves with housing; 4" PVC water service casing polyethylene water service piping; additional water meter boxes; and backflow prevention devices. The Contractor shall be responsible for all fittings and miscellaneous supplies not listed. Under the Base Bid all pavement patching shall be completed. Under the Bid Alternate all pavements areas shall be overlaid and restriped. GACnrrent- All Solicitations and Contacts by Fiscal Yeat TY 2010',10 -5441 Isle ofCapt Water Main Replacement Phase IIPre zwmdA nd Specs doc 16C 1 EXHIBIT J TECHNICAL SPECIFICATIONS 1. All roadway materials and work shall be supplied and completed in accordance with the FDOT "Standard Specifications for Road and Bridge Construction" dated 2010 as revised to date. 2. All water main and utility construction shall be supplied and completed in accordance with the Collier County Water -Sewer District, Utilities Standards Manual dated September 2008 and as updated April 30, 2009. 3. Clearing and grubbing shall be limited to work areas only. Contractor shall be responsible for restoring all areas disturbed by his work. All disturbed areas shall be sodded to match existing. 4. Existing roadway cuts shall be patch in conjunction with water main and water service construction. Upon completion of all work and authorization of County, all roadways shall be overlaid and striped. Temporary striping (painted) shall be initially installed. No reflective pavement markers, with exception of hydrant markers, shall be installed with temporary striping. After 30 day asphalt curing period, the final thermoplastic striping shall be installed with reflective pavement markers. Prior to any striping a Pre - Striping Conference shall be held with County Transportation. 5. In accordance with Collier County Utility Standards a pre - construction video shall be taken with copies provided to County. Contractor shall supplement these videos with still photographs as necessary to reflect existing conditions. This shall include but not be limited to driveways and driveway culvert. 6. Design Professional shall proved electronic copies of plans to be used for construction layout. Contractor shall be responsible for all construction layout. 7. Contractor shall field verify all water mains in which connections are to be made. At location where the proposed water main crosses existing water main, the proposed water main is to be laid to grade as close as possible to allow the existing water main to remain in service during construction. Where necessary, the existing water mains shall be adjusted. This adjustment shall be temporary in nature and consist of the use of repair sleeves and temporary piping. 8. Contractor shall contact all utility suppliers, including the City of Marco Island (Wastewater), Embarq, FPL and Comcast for locating of these facilities. Contractor shall coordinate with these utilities for protection and adjustment of their facilities as needed. All costs shall be included in individual bid items. G:1Carrent -A] I Solicitations and Contracts by Fiscal Year\FY 2010 10 -5441 Isle of Capri Water Main Replacement Phase I \ Pre _award\Bid Specs.doc 16C 1 9. Contractor shall be responsible for the cost of all material testing as required. Testing at roadway crossings shall be in accordance with the County Right -of -Way Ordinance and the issued permit. Testing shall include the following: a. Roadway Crossing i. Limerock Base: Minimum of 1 test per each 6" lift for each lane (2 per roadway crossing). No testing of flowable fill will be required. b. Trench i. Backfill (Earth): Minimum of 2 tests per 200 lineal feet. Where backfill is 12" or greater, density tests are required in each 12" lift. 10. Contractor shall be responsible for all water main testing, disinfection, flushing and bacteriological clearance. This may require multiple sections. 11. Contractor shall be responsible for all Maintenance of Traffic for the project. Maintenance of Traffic shall be in accordance with the FDOT Standard Index and the Manual of Uniform Traffic Control Devise (MUTCD, Part VI). 12. Contractor shall be responsible for development of a Stormwater Pollution Plan as needed. This plan should include the protection of catch basins, curb inlets and canals. Contractor should utilize silt fences, catch basin inlets devices, etc. as required. Contractor shall be responsible for maintenance of all stormwater protection throughout construction. 13. Contractor shall coordinate his work with all other County Contractors and workers 14. Contractor shall provide two (2) Project Sign upon issuance of a Notice to Proceed. In order to keep the public informed regarding this Public Utilities project, the Contractor shall be required to provide two (2) Construction Project Signs (4' x 8') to be placed on/within Project Site as directed by the County. The sign shall be supported by a minimum of two 4" X 4" white painted posts. The sign shall contain the following information: The left one quarter (1/4) of the sign shall contain the current Collier County logo and a listing of the current Collier County Board of County Commissioners with names and district. Donna Fiala — District 1 Frank Halas — District 2 Tom Henning— District 3 Fred Coyle — District 4 Jim Colletta— District 5 With Specific Note: "Your Tax Dollars at Work" Color shall be: English Ivy Green Glossy Back Ground with White Letters Border: Black Glossy G:ACurrent- All Sohcitatioas and Contracts by Fiscal YcarTY 2010',10 -5441 Isle otCapn Water Main Replacement Phase ITPre_awardBid Specs.doc 16C 1 The right three quarters (3/4) side of the sign(s) shall contain the following: Name of Project: Isle of Capri Water Main Replacement, Phase 1 Project Design Professional: Q. Grady Minor & Associates, P.A. Project Contractor: Project Management: Collier County Public Utilities Project Completion Date: 12010 Contract for Project Information: Diana Dueri, Project Manager (239) 252 -4218 Color: White Back Ground with English Ivy Green Letters Border: Black Glossy The size of the sign(s) shall be four feet (4') high by eight feet (8') wide unless otherwise requested by the County. The sign shall be in the conformance with the Collier County Land Development Code and in a format approved by the County. The Project Manager shall be provided a proof of the sign format for approval prior to sign construction. 15. The County will be providing the following items for installation by the Contractor. The Contractor shall take receipt of the materials and inspect them for any damage or defects. Acceptance of materials will include responsibility for all storage, protection and warranty issues. The material will be delivered to the Project Storage site at the Isle of Capri repump facility. The Contractor shall be responsible for construction and maintenance of a fenced storage area. The fencing shall include a fabric screen or vinyl slats. Upon completion of work the Contractor shall be responsible for removal and restoration of the material yard including fence removal, removal of any temporary surface, regrading and resodding of the area. Items to be supplied: 6" and 12" water main pipe; 6 ", 8 ", 10" and 12" gate valves with valve boxes; fire hydrants; permanent bacterial sample valves with housing; air release valves with housing; 4" PVC water service casing 114", 1 ", 1 ' /z" and 2" polyethylene water service piping; water meter boxes; and backflow prevention devices. The Contractor shall supply all other piping, valves, fittings, restraint and miscellaneous items. The Contractor may obtain and utilize other storage areas. Areas within the Public Right - of -Way may be utilized as temporary storage areas upon approval of the County Utilities and DOT. Private storage areas shall be allowed, however a copy of the agreement with the Owner shall be provided to the County. All agreements shall include complete restoration. 16. Contractor shall coordinate all commercial and business driveway closures with owners in person. Provisions shall be made to maintain access to commercial and business at all times. Special coordination shall be made with the Isle of Capri Fire Department. Driveways may be temporarily patched with stone on a weekly basis, however driveway restoration shall be completed within two (2) weeks of initial disturbance. 17. Contractor shall coordinate all residential driveway closures with owners. Personal coordination is preferred, however when not possible door hanger may be utilized. Form of door hanger notification shall be pre- approved by County. Driveway may be temporarily patched with stone on a weekly basis, however driveway restoration shall be G 9Corrent -All Solicaamns and Contracts by Fiscal Ycar\FY 2010%10-5441 Isle of Capri Water Main Replacement Phase ITre_ award \Bid Specs. doe 16C"II completed within two (2) weeks of initial disturbance. Contractor shall adjust restored driveways to accommodate the final pavement overlay. 18. Asphalt and concrete drives shall be restored as identified on the plans. Driveways with special finishes (painted, embossed, texture) shall be restored with plain concrete. Brick driveways shall be removed as required with brick stacked adjacent to Right -of -Way. Brick driveways shall be restored with concrete. If the Owners provide written authorization to leave the driveway (concrete or brick) un- restored these driveway may be left with the temporary stone. 19. Contractor shall coordinate all water outages with County and property owners. For outages affecting more than individual or an individual side street, the County will issue a general notification for the area. When outages are limited to individual side streets, the Contractor will need to coordinate the outage with the County and distribute door hangers to individual homes. When outages are required for individual homes, it is preferred that personal coordination is completed by the Contractor. When this is not possible a door hanger may be utilized. The Contractor shall utilize personal coordination with business for individual water service interruption. This outage should be scheduled during "non- business" hours if necessary. G.ACurrent -All Solicitations and Contracts by Fiscal Ycar\FY 2010 A I0 -5441 Lite of Capri Water Main Replacement Phase I APre_ award %Bid Specs.doc EXHIBIT J TECHNICAL SPECIFICATIONS (CONTINUED) MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 WORK INCLUDED 16C 1 A. Work under this contract shall be measured and paid for as specified in this Division. Payment for any item of work shall be full compensation for the following: 1. Furnishing all labor, tools, equipment and material. 2. Incidental clearing, grubbing, hauling and suitable disposal of debris related to the work. 3. Delivering and installation or placement of material. 4. Excavation, dewatering, stabilization, sheeting, harnessing or bracing and backfilling. 5. Testing to meet requirements of these Specification or applicable permit requirements. 6. Safety precautions, traffic management, damages arising from the nature of the work and action of the elements or any unforeseen difficulties encountered during the prosecution of the work until acceptance by Owner. 7. Costs and expenses for all taxes, commissions, transportation, patent fees and royalties. 8. Final grading and cleanup. 9. Any incidental work normally associated with the item of work. B. The quantities of payment under this Contract will be determined by actual measurement of the completed item, in place, ready for service and accepted by Owner, in accordance with the applicable method of measurement stated below. A representative of Contractor shall witness all field measurement. G. \Curren[ -All Soheitabons and Contracts by fiscal YearTY 2010,10 -5441 Isle o(Capri Water Main Replacement phase [Tieaward \Bid Specs. doe 16C 1 C. Payment for any quantities of work in excess of those shown on the Bid Form will not be made without prior written authorization of such additional work authorized by owner through the Engineer. PART 2 PAYMENT OF ITEMS 2.01 MEASUREMENT AND PAYMENT A. Unless specified otherwise in the Bid Form, work under this Contract shall be measured and paid for as follows: 1. Mobilization/Demobilization: Measurement for mobilization / demobilization shall be by Lump Sum for the project and shall not exceed 10% of the amount for the Base Bid. The work shall include, but not be limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities. The cost of bonds and insurance and any other pre- construction expense necessary for the start of the work, excluding the cost of construction materials, shall be included. 2. Maintenance of Traffic: Measurement shall be by Lump Sum for the project and payment shall be pro -rated during the construction based upon work completed. Work shall include labor, materials and equipment for necessary routing of traffic around the construction site. Provide for safe pedestrian and vehicular access with signs, cones and markings to reroute traffic. Provide maintenance of traffic plan for approval prior to beginning of work. 3. Project Sign: Measurement and Payment shall be by each for the project. Work shall include all labor, material and equipment to provide, install and maintain the Project Sign(s) at the site. Upon completion of the Work, the sign(s) shall be removed and disposed of properly. 4. Stormwater Pollution: Measurement shall be by lump sum for the project and payment shall be pro -rated during the construction based upon work completed. Work shall include labor, material and equipment for the installation, maintenance and removal of stormwater pollution devises. Contractor shall be responsible for developing and implementing a plan for protecting work areas from stormwater runoff. 5. Water Main: Measurement and Payment shall be by lineal foot for each size and type. Work shall include all labor, material and equipment as necessary to excavate, install water main and miscellaneous fittings, backfill, compact, provide testing, flushing, disinfection and 6 Crr=nt -A[[ Solicilations and Contacts by Fiscal YearfY 2010,10 -5441 Isle of Capri Water Main Replacement Phase IAPre_awar bBid Specs.doc 16C 1 bacteriological cleaning and provide surface restoration for a complete installation. Owner will provide 6" and 12" pipe material. 6. Gate Valves: Measurement and Payment shall be per each per size identified. Work shall include all labor, material and equipment as necessary to install all valves, valve boxes, pads and markers as identified. Owner will provide 6 ", 8 ", 10" and 12" gate valves and valve boxes. 7. Tee Cut -In: Measurement and Payment shall be per each size identified. Work shall include all construction, labor, material and equipment necessary to cut -in a new tee with repair sleeves as identified. (Gate Valves shall be paid for separately.) It shall include all demolition and surface restoration. 8. Air Release Valve Assembly: Measurement and Payment shall be per each and type as required. Work shall include all labor, material and equipment as necessary to install fittings, piping, valves, air release assembly and enclosure for a complete assembly. As specifically identified pipe bollards may be required. Owner will provide air release valve and housing. 9. Temporary Bacterial Sample Valves: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment as necessary to install temporary bacterial sample valves and their removal upon final acceptance. 10. Permanent Bacterial Sample Valve: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment as necessary to install a permanent bacterial sample valve. Owner will provide sample valve and housing. 11. Blow- Off /TBSV: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment necessary to install a full bore blow off assembly to be utilized during flushing of water mains. It shall also include a temporary bacterial sample valve. Upon completion and acceptance the blow off assembly shall be removed and disposed of. 12. Permanent Blow -Off: Measurement and Payment shall be per each blow off required. Work shall include all labor, materials and equipment as necessary to install a permanent blow off assembly. 13. Fire Hydrant Assembly: Measurement and Payment shall be per each and type as required. Work shall include all labor, material and equipment as necessary to install all fittings, tees, miscellaneous piping, isolation valve, fire hydrant assembly, pads and pavement markers. As specifically G ACurrent - All Solicitations and Contracts by Fiscal Year \FY 2010%10 -5441 Isle ol'Capri Water Main Replacement Phase I %Pre award%Bid Specs doc I6C I identified pipe bollards may be required. Owner will provide isolation valve with valve box and fire hydrants. 14. Temporary Water Main Jumper: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment as necessary to install a temporary water main connection including fittings, backflow device and miscellaneous testing. Upon final acceptance the temporary jumper shall be removed. 15. Water Main Connection: Measurement and Payment shall be per each as required. Work shall include all labor, material and equipment as necessary to coordinate any required water main shut -down, excavate, complete the fire line and final water main connection, backfill, compact and provide final surface restoration. 16. Open Cut /Steel Casing: Measurement and Payment shall be per lineal foot for each type and size. Work shall include all labor, material and equipment necessary to provide installation of a steel casing at the various roadway crossing identified. It shall include excavation, installation of casing, backfilling, compacting and surface restoration (except as noted). Cost of water main is not included. 17. Water Service, Long: Measurement and Payment shall be per each long water service. Work shall include all labor, material and equipment necessary for utility coordination, excavation, installation of new water service under roadways to the right -of -way line, connection to new water main and new water meter(s), flowable fill under pavements, backfilling, compacting and surface restoration. Owner will provide polyethylene piping and 4" PVC casing. 18. Water Service, Short: Measurement and Payment shall be per each short water service. Work shall include all labor, material and equipment necessary for utility coordination, installation of new water service to the right -of -way line, connection to new water main and new water meter(s), backfilling, compacting and surface restoration. Owner will provide polyethylene piping. 19. Water Meter Boxes: Measurement and Payment shall be per each water meter box. Existing water main boxes, as directed by County may be revised. In some locations, existing water meter boxes contain two (2) meters. At these locations one of the two meters will be relocated to the new box. Work shall include all labor, material and equipment necessary for installation of the new water meter boxes, ready for County installation of new water meters. Owner will provide additional water meter boxes. Gi Current -All Solicitations and Contracts b, Fiscal YeadrY 2010A 10 -5441 Isle of Capri Water Mai n Replacement Phase I Tre_a and Did Specs doe 16C I 20. Extra Water Service: Measurement and Payment shall be per lineal foot of each size. This shall be per lineal foot of each size. This shall be for length in excess of 50 lineal feet for a long service and 15 lineal feet for a short service. Owner will provide polyethylene piping. 21. Backflow Prevention Devices: Measurement and Payment shall be per each backflow prevention device installed on individual water service. This shall include all labor, material and equipment as necessary to install to cut the existing service line, install the new backflow device (with miscellaneous fitting and piping) and connect to the existing service. The Owner shall provide the above grade backflow assembly and test the device. 22. Extra '/4" Private Water Service: Measurement and Payment shall be lineal foot of private water service installed. In some locations it may be necessary to adjust the water service location to the property line. At these locations it will be necessary to install a3/4" polyethylene between the new and original service location. Construction shall provide all labor, materials and equipment for excavation, connecting backfilling and restoration. The Owner shall provide the polyethylene piping. 23. Water Service Connection: Measurement and Payment shall be per each connection to an existing water service. These are locations in which the meters and backflow device were recently installed. It shall include all labor, material and equipment necessary for excavation, installation of water service line connection, backfilling, compacting and surface restoration. 24. Existing Water Main Adjustment: Measurement and Payment shall be per each and type as required. This shall only be required when the proposed water main and existing water main have a direct conflict. It shall include all labor, material and equipment necessary to relocate the existing main including excavation, miscellaneous repair sleeves, piping, temporary restraints, backfilling, compacting and temporary protection if installed above grade. Note the type and size of some water main are approximate only and contractor shall field verify type and size and have adequate supplies for a variety of types and sizes. 25. Additional Water Main Deflection: Measurement and Payment shall be per each additional water main deflection that may be required due to unforeseen conditions. It shall include all labor, material and equipment necessary for the deflection including excavation, installation of extra fitting, pipe and pipe restraints, backfilling, compacting and surface restoration. Owner will provide pipe material. C \Carreat -All Solicitations and Contracts by Fiscal Year\FY 2010\10 -5441 Isle of Capri Water Main Replacement Phase ITre_ award \Bid Specs. doe 16C 1 26. Pipe Grouting: Measurement and Payment shall be per lineal foot of pipe grouted in place by size. It shall include all labor, material and equipment to open the existing pipe, grout the existing pipe in place, remove and properly dispose of all disturbed pipe material and surface restoration. 27. Pipe Removal: Measurement and Payment shall be per lineal foot of pipe removed by size. It shall include all labor, material and equipment necessary to excavate, remove the existing pipe, backfill, compact and provide surface restoration. Contractor shall be responsible for all existing utility coordination and proper disposal of all removed materials. 28. Miscellaneous Abandonment: Measurement and Payment shall be lump sum for the miscellaneous abandonment of the existing water system. This shall include all labor, material and equipment necessary for removal of valves, valve pads, blowoffs, existing meter boxes, fire hydrants and other miscellaneous items. 29. Roadway Removal /Replacement: Measurement and Payment shall be per lineal foot of roadway removal and patching necessary for installation of the new water main and water services. It shall include all labor, material and equipment necessary for excavations, backfilling, compacting, installation of flowable fill, base material and asphalt patch. Note asphalt overlay is provided for separately. 30. Asphalt Overlay: Measurement and Payment shall be per square yard of asphalt overlay. It shall include all labor, material and equipment necessary for installation of an asphalt overlay. It shall include all pavement preparation including leveling course at patches, milling as needed at termination points, pavement overlay and temporary and permanent restoration of striping and pavement markings. 31. Driveway Removal /Replacement: Measurement and Payment shall be per square yard of driveway removal and replacement necessary for water main installation by type. It shall include all labor, material and equipment necessary for the demolition of the existing surface and upon installation of the new main the installation of a replacement surface to match the existing. Note existing brick driveway shall have work limited to the removal of the brick and stacking of the brick adjacent to the Right - of -Way. Brick driveway shall be restored with concrete unless written authorization is obtained from property owner to leave un- restored. Contractor shall coordinate with property owner during driveway closures. 32. Storm Culvert Removal /Replacement: Measurement and Payment shall be per lineal foot of storm culvert removal and replacement by size and type. This is only for the replacement of deteriorated culvert in which construction necessitate the removal and replacement. Culvert damaged \Currcnt -A! I Solicitations and Contracts by Fiscal Year\FY 2010 \10 -5441 Isle of Capri Water Main Replacement Phase I\&e_awarclP id Specs. doc 16C 1 by the contractor outside of his work area shall be replaced at no additional cost. 33. Temporary Striping: Measurement and Payment shall be per lineal foot of striping by type and size as noted. Temporary striping shall be painted in accordance with FDOT specification. No reflective pavement markers shall be required with temporary striping. It shall include all labor, material and equipment for surface preparation, striping and cleanup. A pre - striping conference shall be held with County DOT. 34. Thermo Striping: Measurement and Payment shall be per lineal foot of striping by type and size as noted. Permanent striping shall be thermoplastic in accordance with FDOT specification. Reflective pavement markers shall be installed with striping. It shall include all labor, material and equipment for surface preparation, striping and cleanup. 6.T.nn nt- All Solicitations and Contracts by Fiscal YearTY 2010A10 -5441 Isle or Capn Water Main Replacement Phase 1APre_awar&Bid Specs doe 16C 1 EXHIBIT K PERMITS The following Permits for the Project have already been obtained by Collier County or are the Contractor's responsibility to obtain, as noted below. Copies of all obtained Permits shall be made available to the Contractor. It shall be the Contractor's responsibility to read and understand all Permit and Permit Conditions. 1. FDEP General Permit for Water Main Construction — obtained by County. 2. Collier County Right -of -Way Permit — obtained by Contractor (Assistance from County) 3. FDEP Stormwater Permit —obtained by Contractor 6 %Cntreat - All Solicitations and Contracts by Fiscal YeaAFY 201010 -5441 Isle of Capri Water Main Replacement Phase 1 Tic _awardABid Specs.doc 16C 1 EXHIBIT L STANDARD DETAILS Plans and specification prepared by Q. Grady Minor & Associates, P.A. and identified as follows: Isle of Capri Watermain Replacement - Phase 1 as shown on Sheets 1 through 26. DRAWING NO. DESCRIPTION 1. Cover Sheet and Index of Drawings 2. General Notes (STA 12 +00 to STA. 24 +00) 3. 3. Aerial Photograph and Key Map 4. 4. Plan and Profile - Capri Blvd. (STA. 0 +00 to STA. 6 +00) 5. Plan and Profile - Capri Blvd. (STA. 6 +00 to STA. 12 +00) 6. Plan and Profile - Capri Blvd. (STA. 12 +00 to STA. 18 +00) 7. Plan and Profile - Capri Blvd. (STA. 18 +00 to STA. 24 +00) 8. Plan and Profile - Capri Blvd. (STA. 24 +00 to STA. 30 +00) 9. Plan and Profile - Capri Blvd. (STA. 30 +00 to END) 10. Plan and Profile - Capri Blvd. (North) (STA. 0 +00 to STA. 6 +00) 11. Plan and Profile -Capri Blvd. (North) (STA. 6 +00 to STA.12 +00) 12. Plan and Profile - Capri Blvd. (North) (STA. 12 +00 to STA 18 +00) 13. Plan and Profile - Capri Blvd. (North) (STA. 18 +00 to END) 14. Plan and Profile - San Juan Ave. (STA. 0 +00 to STA. 6 +00) 15. Plan and Profile - San Juan Ave. (STA. 6 +00 to END) 16. Plan and Profile - Samar Ave. (STA. 0 +00 to STA. 6 +00) 17. Plan and Profile - Samar Ave. (STA. 6 +00 to END) 18. Plan and Profile - Panay Ave. (STA. 0 +00 to 6 +00) 19. Plan and Profile - Panay Ave. (STA. 6 +00 to END) 20. Plan and Profile - Luzon Ave. (STA. 0 +00 to END) 21. Plan and Profile - Grenada Ave. (STA. 0 +00 to END) 22. Plan and Profile - Antigua St. (STA. 0 +00 to END). 23. Plan and Profile - Cristobal St. (STA. 0 +00 to END) 24. Plan and Profile - Kon Tiki Dr. (STA. 0 +00 to END) 25. Water Details 26. Erosion Control Details STRIPING PLANS DRAWING NO. DESCRIPTION 1. Striping Plan - Capri Blvd. (STA. 0 +00 to STA. 12 +00) 2. Striping Plan - Capri Blvd. (STA 12 +00 to STA. 24 +00) 3. Striping Plan - Capri Blvd. (STA. 24 +00 to END) 4. Striping Plan - Capri Blvd. (NORTH) (STA. 0 +00 to STA. 12 +00) 5. Striping Plan - Capri Blvd. (NORTH) STA. 12 +00 to END) 6. Striping Plan - Kon Tiki Dr. (STA. 0 +00 to END) 7. Striping Details Q: \Current -All Solicitations and Contracts by Fiscal YearTY 2010110 -5441 Isle of Capri Water Main Replacer enl Phase [\Pre awardBid Specsdoc O/ztCO i,urrc- CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Isle of Capri Water Main Replacement Phase 1 BID NO. 10 -5441 Full Name of Bidder. Douglas N. Higgins Inc Main Business Address 3390 Travis Pointe Rd., Suite A Ann Arbor MI 48108 Place of Business__ 4485 Enterprise Avenue, Naples Florida 34104 Telephone No. 734 - 996 -9500 Fax No. 734 - 996 -8480 State Contractor's License # CGC- 060189 State of Florida Certificate of Authority Document Number 830666 Federal Tax Identification Number 38- 1807765 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, including Addenda issued thereto and acknowledges receipt below: Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC -P -1 16C 1 ISLE OF CAPRI WATER MAIN REPLACEMENT PHASE 1 1110 -5441 ITEM DESCRIPTION UNIT OF MEASUREMENT ESTIMATED QUANTITY UNITCOST TOTAL 1 Mobilization /Demobilization LS 1 $48,000.00 $48,000.00 2 Maintenance of Traffic LS 1 $18,000.00 $18,OOO.Oo 3 Project Sin EA 2 $900.00 $1,800.00 4 Stonmwater Pollution Prevention LS 1 $2,900.00 $2,900.00 5 6" PVC WM CL 150 LF 5200 $25.00 $130,000.00 6 8" PVC WM CL 150 LF 60 $36.00 $2,160.00 7 10" PVC WM CL 150 LF 20 $180.001 $3,600.00 8 17' PVC WM CL 150 LF 5100 $43.00 $219,300.00 9 17' PVC WM CL 200 LF 850 $45.00 $38,250.00 10 6" Directional Bore HDPE LF 750 $40.00 $30,000.00 11 10" HOPE WM LF 100 $37.00 $3,700.00 12 12" DIP Aerial LF 70 $200.00 $14,000.00 13 2" Gate Valve EA 1 $300.00 $300.00 14 6" Gate Valve EA 10 $600.00 $6,000.00 15 8" Gate Valve EA 3 $800.00 $2,400.00 16 10" Gate Valve EA 10 $1,300.00 $13,000.00 17 112" Gate Valve EA 15 $1,500.00 $22,500.00 18 6x6x6 Cut In EA 1 $1,200.00 $1,200.00 19 8xBx8 Cut In EA 1 $1,600.00 $1,600.00 20 10x10x10 Cut In EA 1 $1,400.00 $1,400.00 21 12x12x12 Cut In EA 1 $1,400.00 $1,400.00 22 Air Release Valve ARV Aerial EA 1 $900.00 $900.00 23 Air Release Valve ARV EA 8 $700.00 $5,600.00 24 Temp. Bact Sample TBSV EA to $130.00 $1,300.00 25 Perm. Bact Sample PBSV EA 10 $600.00 $6,000.00 26 Blow Off/TBSV EA 12 $700.00 $8,400.00 27 2" Blow Off EA 1 $370.00 $370.00 28 Fire Hydrant Assembly (FH ) EA 16 $2,500.00 $40,000.00 29 Dead End FH EA 9 $2,300.00 $20,700.00 30 Temp. Jumper EA 4 $600.00 $2,400.00 31 Final Conned (Bypass) EA 1 $1,500.00 $1,500.00 32 Final Connect (Plant) EA 1 $1,700.00 $1,700.00 33 Final Conned 10" Aerial EA 1 $2,900.00 $2,900.00 34 Final Conned (12" Aerial) EA 1 $1,800.00 $1,800.00 35 Fire Line Connection EA 3 $700.00 $2,100.00 36 18" Casing, Open Cut LF 45 $93.00 $4,185.00 37 24" Casing, Open Cut LF 40 $110.00 $4,400.00 38 11/2" Water Service, Long EA 42 $980.00 $41,160.00 39 11/2" Water Service, Short EA 45 $430.00 $19,350.00 40 Water Meter Boxes EA 150 $43.00 $6,450.00 41 Backflow Prevention Devices EA 150 $46.00 $6,900.00 42 Extra 3/4" Private Water Service LF 300 $15.00 $4,500.00 43 Extra 1 1/2" Water Service LF 300 $16.00 $4,800.00 44 Extra 2" Water Service LF 100 $19.00 $1,900.00 45 Connection 2" Water Service (Exist) EA 3 $430.00 $1,290.00 46 Exist 2" WM Adjustment EA 6 $200.00 $1,200.00 16C 1 47 Exist 3" WM Adjustment EA 4 $300.00 $1,200.00 48 Exist 4" WM Adjustment EA 1 $400.00 $400.00 49 Additional 12" WM Deflection EA 2 $2,900.00 $5,800.00 50 Additional 6" WM Deflection EA 2 $1,700.00 $3,400.00 51 Grout 6" AC Pie LF 5800 $1.40 $8,120.00 52 Grout 8" PVC Pie LF 60 $20.00 $1,200.00 53 Grout 10" PVC Pie LF 100 $16.00 $1,600.00 54 Remove 8" PVC Pie LF 3500 $8.00 $28,000.00 55 Remove 10" Pie LF 2000 $8.00 $16,000.00 56 Misc. Abandonment LS 1 $150.00 $150.00 57 Roadway Remove/Replace LF 1600 $29.00 $46,400.00 58 Asphalt Overlay (Driveway) SY 1800 $4.25 $7,650.00 59 Concrete Drive Remove/Replace SY 1600 $23.00 $36,800.00 60 Asphalt Drive Remove/Replace SY 250 $20.00 $5,000.00 61 Gravel Drive Remove/Replace SY 100 $7.50 $750.00 62 Concrete Sidewalk Remove/Replace SY 100 $23.00 $2,300.00 63 Remove/Replace 12" CMP LF 100 $24.00 $2,400.00 64 Remove/Replace 15" CMP LF 100 $26.00 $2,600.00 65 Remove/Replace 18" CMP LF 100 $28.50 $2,850.00 66 Remove/Replace 15" RCP LF 96 $28.00 $2,688.00 67 Remove/Replace 18" RCP LF 96 $32.00 $3,072.00 68 Concrete Miter End Section EA 10 $500.00 $5,000.00 69 Asphalt Overlay 1" (Roadway) SY 29000 $3.50 $101,500.00 70 Temp. 6" Solid Double Yellow LF 5200 $0.40 $2,080.00 71 Temp 6" Solid White LF 9500 $0.20 $1,900.00 72 Temp 12" Solid White - LF 475 $1.10 $522.50 73 Temp 24" Solid White LF 160 $2.20 $352.00 74 Thermo 6" Solid Double Yellow LF 5200 $1.20 $6,240.00 75 Thermo 6" Solid White LF 9500 $0.60 $5,700.00 76 Thermo 12" Solid White LF 475 $2.50 $1,167.50 77 Thermo 24" Solid White LF 160 $4.50 $720.00 78 Grout 3" & 4" AC Pie LF 7500 $1.00 $7,500.00 49 Th_ -.__ 2�.,�..,,� -� -W,,ga �a White tF 340 $0.00 X09 80 Storm Sewer San Juan LS 1 $4,900.00 $4,900.00 81 Storm Sewer Cristobal LS 1 $4,800.00 $000.00 TOTAL $1,074,097.00 16C 1 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. Company: Douglas N�,.Higgins Inc. Signature: )r \' 01 JAUW Date: 3/5/10 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: GC -P -3 Date: 16C 1 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work IJI�eCilnti�(- i��,c 2. dl) a i A) e:> 3. 4. 5. Company: Douglas N. Higgi kiL�it r Signature: a . u GC -P -4 Subcontractor and Address GAt�Hl1+'4 �/7571�'cirl- ,�r�i P�T I V&E X`1, r=c� :T- l ooze i' F- !b 1 Date: 3/5/10 16C ` 1 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location 1. ,�C6 C 2. 3. 3 5. 1.1 Reference Dated 3/5/10 Douglas N. Higgins Inc Bidder BY: K a, GC -P -5 EXPERIENCE STATEMENT - SOUTHWEST DIVISION Proiect Name: City County Flow Swap Pro iect Name: Collier County Justice Center Owner - Address - Proiect Manaaer - Phone' Owner - Address - Proect Manaaer - Phone Collier County Public Utilities Engineering Collier County Facilities Management Department 3301 East Tamiami Trail, Building H 3301 East Tamiami Trail Naples, Florida 34112 Naples, Florida 34112 Sandy Sridhar John Clements Enaineer -Address - Phone Engineer -Address - Phone' Agnoli, Barber and Brundage O. Grady Minor and Associates, P A. 7400 Trail Blvd. 3800 Via Del Rey Naples, Florida 34102 Bonita Springs, Florida 34134 Dominic Amico David Schmitt 239 - 947 -1144 Contract Date: Contract Date'. $81,950.00 Final Contract Amount: Final Contract Amount. $141,568.41 Completion Date: Completion Date' August, 2009 Proiect Description: Proiect Description: Installation of force main, MOV's and valve vaults to two Construction of grinder pump station (vault), installation of locations which would allow bypass from Collier County muffin monster (grinder /auger assembly), new sanitary sewer to the City of Naples. and manholes. Replacement of the existing sanitary sewer with a new 12 -inch main and a high water alarm system. Proiect Name: Pump Station S -6 Gearbox Replacement Proiect Name' Cove Stormwater Pump Station Imp. Owner - Address - Proect Manaoer- Phone' Owner - Address - Pro act Manager - Phone' South Florda Water Management District City of Naples 2101 Centrepark West Drive, Suite 110 Department of Streets and Stormwater West Palm Beach, Florida 33409 295 Riverside Circle Gerard Flynn Naples, Florida 34102 (239) 213 -5000 Enaineer - Address - Phone' Engineer - Address - Phone' South Florida Water Management District AECOM 3301 Gun Club Road 4415 Metro Parkway West Palm Beach, Florida 33406 Suite 404 Michael Millares Fort Myers, Florida 33916 (239) 278 -7996 Contract Dale: December 3, 2009 Contract Date: 2/4/09 Award, 3/16/09 NTP Final Contract Amount $2,191,945.00 Final Contract Amount: $2,778,000.00 Completion Date' May 2010 Completion Date 2/8/10 (Contract) Proiect Name'. Master Pump Station 305 Rehabilitation Proiect Name Water Reuse Piping Modifications / Reuse System Upgrade Owner -Address - Proiect Manager Collier County Owner - Address - Proiect Manager - Phone' Public Utilities Engineering Department City of Marco Island 3301 Tamiami Trail East, Building H Public Utilities Naples, Florida 34112 50 Bald Eagle Drive Sandy Srdhar Marco Island, Florida 34145 Bruce Weinstein Enaineer - Address' 239- 389 -5000 O. Grady Minor and Associates, P.A. 3800 Via Del Rey Enaineer. Bonita Springs, Florida 34134 Metcalf and Eddy David Schmitt Contract Date: February 10, 2008 Contract Date: August 11, 2008 Final Contract Amount. $649,171.67 Final Contract Amount: $444,000.00 Completion Dale: November 2008 Completion Date' January 16, 2009 Proiect Description'. Proiect Descnption'. Fully rehab 2300 GPM Master Pump Station Rehab 500,000 Gallon Tank and convert potable water facility to reuse storage facility I6C I EXPERIENCE STATEMENT - 6C `1 Proiect Name: CAT Operations & Administration Center Proiect Name San Marw Master Lift Station Pump Station and Force Main Connection Owner - Address - Proiect Manager - Phone' Owner - Address - Pro iect Manager: City of Marco Island Collier County Public Works Alternative Transporacon Division 50 Bald Eagle Drive 2885 South Horseshoe Drive Marco Island, Florida 34145 Naples, Florida 34104 Timothy E. Pinter, P.E. Sue Faulkner Engineer - Address - Phone Engineer: Q. Grady Minor 3800 Via Del Rey Bonita Springs, Florida 34134 Contract Date: January 2, 2008 Final Contract Amount: $833,615.61 Contract Date: February 14, 2008 Completion Date' Final Contract Amount. $133,673904 Completion Dale' May 1, 2008 Proiect Description: Proiect Description Installation of 14 -inch force main, pump station and valve Construct new 800 GPM Master Lift Station vault to existing CAT Operations Building. Proiect Name: Irrigation Quality Water Project Proiect Name. Golden Gate WWTP and Injection Pump Station Owner - Address - Proiect Manager' Collier County Facilities Management Owner - Address - Pro act Manager - Phone 3301 Tamiami Trail East, Building W Florida Governmental Utility Authority Naples, Florida 34112 280 Wekiva Springs Road, Suite 203 Damon Gonzales Longwood, Florida 32779 Engineer - Address - Phone. - Address - Phone. Anchor Engineering Arcadis 4307 Vineland Road Contract Date: March 14, 2007 Suite H -20 Final Contract Amount $1,213,474.52 Orlando, Florida 32811 Completion Date' January 15, 2008 407- 236 -5700 Contract Date. Final Contract Amount Completion Date. Project Description Expansion of Golden Gate WWTP which included the construction of a new digester, chlorine contact tank and injection well pump station, modification of clarifiers #1 and #2, installation of surge and annular pressure tanks and aeRurtenances . Proiect Name. Treeline Master Pump Station Project Name PS 5 -127 and 5 -133 Pump Refurbishment and Bearing Replace . Owner - Address - Proiect Manger - Phone' Owner - Address - Proect Manager - Phone' City of Fort Myers South Florida Water Management District 2200 Second Street 2101 Centrepark West Drive, Suite 110 Fort Myers, Florida 33902 West Palm Beach, Florida 33409 Eliana Hayes, E.I. Mike Cudey (239) 332 -6318 Enoineer - Address - Phone' Engineer - Address - Phone - Johnson Engineering, Inc. South Florida Water Management District 2122 Johnson Street 3301 Gun Club Road Fort Myers, Florida 33920 West Palm Beach, Florida 33406 David Trouteaud Teri Swartz (239) 334 -0046 Contract Date: July 1, 2008 Contract Date: April 10, 2008 Final Contract Amount: $1,043,805.00 - Not Final Final Contract Amount. $3,947,723.00 Completion Date: February, 2009 Proiect Description: Completion Date' July 2010 Installation of a master pump station located along Treeline Avenue. The project entailed a jack and bore under Treeline Avenue to connect to the existing force main and construction of a 20 foot deep master pump station. A 400 KW generator and odor control unit were also installed. 6C `1 EXPERIENCE STATEMENT- SOUTHWEST DIVISION Project Name: Gateway Triangle Stormwater Improvements Owner - Address - Proiect Manaaer - Phone' Collier County Stormwater Department 2885 Horseshoe Drive Naples, Florida 34 239 - 252 -8192 Shane Cox Engineer - Atldress' HDR, Inc. 200 West Forsyth Street Jacksonville, Florida 32202 Laura Phillips Contract Dale: November 5, 2007 Final Contract Amount. $1,021,33678 Completion Date' July 28, 2008 Proiect Description: Stormwater improvements to existing area - excavation of approximately 34,000 Cy of dirt and grading to form three continuous ponds. Installation of box culverts, sheet piling, concrete ditch pavement and storm drainage structures. Proiect Name Marco Island North Barfield & North Marco Sanitary Sewer District Owner - Address - Proiect Manaaer - Phone' City of Marco Island 50 Bald Eagle Drive Marco Island, FL 34145 Mr. James Miller 239 - 389 -5011 Engineer - Address - Phone' Bolye Engineering 4415 Metro Parkway, Suite 104 Fort Myers, FL 33916 Fred Mittl 239- 278 -7996 Contract Date: March 1, 2007 Final Contract Amount: North Marco $4,644,806.99 North Barfield $7,270,729.37 Completion Dale: North Marco May 11, 2008 North Barfield March 24, 2008 Proiect Name. NCWRF MILE Bleach Project Project Name' Rehabilitation of Master Pump Station 316 Phase 2, Mechanical Owner - Address - Pro ect Manager' Owner - Address - Proiect Manager' Collier County Collier County Public Utilities Engineering Department Public Utilities Engineering Department 3301 Tamiami Trail, East, Building H 3301 Tamiami Trail East, Building H Naples, Florida 34112 Naples, Florida 34112 Dianna Duen Sandy Sridhar Engineer - Address - Phone: Engineer - Address - Phone' Hole Montes 0. Grady Minor & Associates 950 Encore Way 3800 Via Del Rey Naples, Florida 34110 Bonita Springs, Florida 34134 Jerry Taricska 239- 254 -2000 David Schmitt 239- 947 -1144 Contract Date: September 17, 2007 Contract Dale: November 16, 2007 Final Contract Amount: $336,41249 Final Contract Amount. $765,823.34 Completion Date: June 17, 2008 Completion Date: June 3, 2008 Pro iect Description: Proiect Description: Bleach piping modifications to chlorine contact chambers Full rehab 800 GPM Master Pump Station and modification of pump skids to have redundancy in bleach feed system. Proiect Name. Rehabilitation of Master Pump Station 318 Proiect Name: NCRWTP Chemical Labatory Ventilation Improvements Owner - Address - Proiect Manager - Phone' Owner - Address - Proect M ger- Phone, Collier County Collier County Public Utilities Engineering Department Public Utilities Engineering Department 3301 Tamiami Trail East, Building H 3301 Tamiami Trail East, Building H Naples, Florida 34112 Naples, Florida 34112 Sandy Srdhar Tom Chmelik 239 - 732 -2575 Engineer - Address - Phone: Engineer - Address - Phone' Q. Grady Minor & Associates TLC Engineering 3800 Via Del Rey 1400 Colonial Boulevard, Suite 203 Bonita Springs, Florida 34134 Fort Myers, Florida 33907 David Schmitt Nicholas L. Mancuso 239 - 947 -1144 239 - 275 -4240 Contract Date. October 9, 2007 Contract Date: March 13, 2007 Final Contract Amount: $789,070.59 Final Contract Amount: $749,36767 Completion Date: June 10, 2008 Completion Date: November 30, 2008 Proiect Description: Proiect Description' Fully rehab 3000 GPM Master Pump Station Replace complete HVAC system including air handier, ductwork, exhaust fans, condenser and rehab fume hoods 1W 1 EXPERIENCE STATEMENT - SOUTHWEST DIVISION Proiect Name: Connection to Water Main - Marco Shores Owner - Address - Proiect Manager City of Marco Island Public Works 50 Bald Eagle Drive Marco Island, Florida 34145 James Miller Engineer - Address - Phone Contract Date: April 26, 2007 Final Contract Amount: $188,000.00 Completion Date: August 31, 2007 Pro iect Name: Collier County NCRWTP AND SCRWiP Sand Separators Owner -Address - Proiect Manaaer - Phone' Collier County Public Utilities 3301 East Tamiami Trail Naples, Florida 34112 Diana Dueri Engineer - Address - Phone' Hazen and Sawyer Contract Date: Final Contract Amount: Completion Date. Pro iect Description. Procurement and installation of two automatic self- cleaning sand separators (custom built in Germany) including stainless steel piping, valves, instruments and control panels. Installation of system, which included two, three - chamber pump stations, submersible pumps, ventun flowmeters, etc. Pro act Name: SCRWTP Raw Water Transmission Main Project Name: Decomissioning of Pelican Bay & Appurtenances for Wastewater Treatment Plant Raw Water Wells 395, 40S, 41S & 42S Owner - Address - Proiect Manager - Phone' Owner - Address - Proiect Manager - Phone. Collier County Collier County Public Utilities Engineering Department Public Utilities Engineering Department 3301 Tamiami Trail, Building H 3301 Tamiami Trail East, Building H Naples, Florida 34112 Naples, Florida 34112 Peter Schell Sandy Sndhar _Engineer - Address - Phone' Engineer -Address - Phone' Hazen & Sawyer Hazen and Sawyer 2101 Coporate Boulevard, Suite 301 2101 Corporate Boulevard, Suite 303 Bow Ratan, Florida 33431 Boca Raton, Florida 33431 Albert Muniz Kurt Pfeffer 561 - 997 -8070 561- 997 -8070 Contract Date: September 26, 2006 Contract Date: February 8, 2006 Final Contract Amount. $1,884,000.00 Final Contract Amount $72,500.00 Completion Date: April 11, 2007 Completion Dale: July 30, 2006 Proiect Description: Installed 3500 If of 16 -inch HDPE raw water transmission main along with four new raw water wells. This provided the plant the ability to produce sufficient capacity to meet water demands. Included installation of pigging stations and electrical enclosures. Proiect Name. Bay Fire and Irrigation Water Proiect Name: Reclaimed Water Aquifer Storage and System Improvement at the Ritz Carlton Recovery Owner - Address - Proiect Manager' Owner - Address - Pro' act Mnager Collier County Collier County Public Utilities Engineering Department Public Utilities Engineering Department 3301 Tamiami Trail East, Building H 3301 Tamiami Trail East, Building H Naples, Florida 34112 Naples, Florida 34112 Claude Nesbitt Alicia Abbott Engineer - Address - Phone. Engineer - Address' Wilson Miller, Inc. Water Resource Solution 3200 Bailey Lane, Suite 200 1388 Colonial Boulevard Naples, Florida 34105 Fort Myers, Florida 33907 Craig Pager Lloyd Horvath 800- 649 -4336 Contract Date: April 5, 2006 Contract Date: March 30, 2006 Final Contract Amount. $4,658,515.28 Final Contract Amount: $162,723.43 Completion Date: June 6, 2007 Completion Date. February 28, 2007 Pro iect Description' Installed a deep injection well for the storage of reclaimed water coming from Collier County water treatment plants. The Owner will have full capability to recover this reclaimed water for market and /or use for their own irrigation needs. 16C 1 EXPERIENCE STATEMENT - SOUTHWEST DIVISION 6C Tigertail Sewer District Proiect Name: Pads for MBR and Equipment Wastewater Collection System Expansion City of Marco Island City of Marco Island 50 Bald Eagle Drive 50 Bald Eagle Drive Marco Island, FL 34145 Marco Island, FL 34145 Mr. James Miller Mr. Bruce Weinstein 239 - 389 -5011 239- 389 -5182 - Address - Phone: Enaineer - Address - Phone: Bolye Engineering CDM 4415 Metro Parkway, Suite 104 9311 College Parkway Fort Myers, FL 33916 Fort Myers, FL 33919 Fred Mittl Adam Soblenski 239 - 278 -7996 239 - 437 -9494 Date: March 7, 2006 Contract Date. March 13, 2006 itract Amount. $2,920,703.33 Final Contract Amount: $183,000.00 Dn Date: December 21, 2006 Completion Date. May 13, 2006 ame: Rosemary Park Paving 8 Proiect Name: Forest Lakes MSTU Drainage Improvements Phase 2 Drainage Improvements Address - Proiect Manager - Phone: Owner - Address - Proiect Manager- Phone: City of Bonita Springs Collier County - ATM Public Works Department Slormwaler Department 9101 Bonita Beach Road 2885 Horseshoe Drive South Bonita Springs, Florida Naples, Florida 34104 239 - 949 -6243 Darryl Richard - Address - Phone: Engineer - Address: 0, Grady Minor Willson Miller 3800 Via Del Rey 3200 Bailey Lane, Suite 200 Bonita Springs 34134 Naples, Florida 34105 David Schmitt Craig Pajer 239 - 949 -6243 Date. Apn1 5, 2006 Contract Date. May 2, 2006 itract Amount $831,805.33 Final Contract Amount. $193,267.00 Dn Date: November 1, 2006 Completion Date: July 19, 2006 ame: Dortch Ave. Drainage 8 Paving Impvs. Proiecl Name: Lehigh Acres Interconnect Hampton Street Sidewalk Improvements with The City of Fort Myers Address - Proiect Manager- Phone. Owner - Address - Proiect Manager - Phone City of Bonita Springs Public Works Department Florida Governmental Utility Authority 9101 Bonita Beach Road 280 Wekiva Springs Road, Suite 203 Bonita Springs, Florida Longwood, Florida 32779 239 - 949 -6243 Engineer - Address - Phone: - Address - Phone: Malcom Pirnie, Inc. C. Grady Minor 2301 Maitland Center Parkway, Suite 425 3800 Via Del Rey Maitland, Florida 32751 Bonita Springs 34134 Victor Hurlburt David Schmitt 407 - 659 -5550 239 - 949 -6243 Contract Date: Final Contract Amount: June 15, 2006 Date: March 15, 2006 Completion Date: $2,884,382.00 itract Amount: $316,400.50 April 2007 Dn Date: August 1, 2006 1 EXPERIENCE STATEMENT - Project Name: Pump Station 109 and 113 Improvements Proiect Name: Marco Island Wastewater Treatment Plant Expansion - Phase 1 Improvements Owner - Address - Project Manager - Phone. Collier County Owner - Address - Proiect Manager- Phone: Public Utilities Engineering City of Marco Island 3301 Tamiami Trail East, Building H 50 Bald Eagle Drive Sandy Sridhar Marco Island, FL 34145 Mr. Bruce Weinstein Engineer - Address - Phone: 239 - 389 -5182 Q. Grady Minor 8 Associates 3800 Via Del Rey Engineer - Address - Phone. Bonita Springs, Florida 34134 CDM David Schmitt 9311 College Parkway Fort Myers, FL 33919 Contract Date'. February 8, 2006 Adam Soblenski Final Contract Amount $ 1,229,561.25 239 - 437 -9494 Completion Date: September 29, 2006 Contract Date'. May 23, 2006 Final Contract Amount: $9,787,283.47 Completion Date: January 17, 2007 Proiect Name: Appurtenances For Wells RO 101 N Proiect Name: Construction of Wells 35 & 36 and 102N Owner - Address - Pro ject Manager - Phone: Owner - Address - Project Manager - Phone'. Collier County Collier County Public Utilities Engineering Public Utilities Engineering 3301 Tamiami Trail East, Building H 3301 Tamiami Trail East, Building H Naples, Florida 34112 Howard Brogdon Peter Schad Engineer - Address - Phone'. Engineer - Address - Phone: Camp Dresser & McKee, Inc. Hazen 8 Sawyer 9311 College Parkway, Suite 1 2101 Corporate Boulevard, Suite 301 Fort Myers, Florida 33919 Boca Raton, Florida 33431 Adam Sobolewski Albert Muniz 239 - 432 -9494 Contract Date: May 24, 2005 Contract Date: August 16, 2005 Final Contract Amount: $597,000.00 Final Contract Amount: $998,980.97 Completion Date. January 27, 2006 Completion Date'. January 30, 2006 Proiect Name: 12th Avenue Interconnect Booster PS Proiect Name: NCWRF Rebuild filter Set 1 Clean and Paint Filter Beds Owner - Atltlress - Project Manager - Phone: Collier County Owner - Address - Project Manager - Phone. Public Utilities Engineering Collier County 3301 Tamiami Trail East, Building H Public Utilities Engineering Department Naples, Florida 34112 3301 Tamiami Trail East, Building H Peter Schad Karen Guliani Engineer - Address - Phone'.- Address - Phone'. Hazen and Sawyer Engineer -Address - Phone:- Address - Phone: 1905 South 25th Street, Suite 103 Collier County Fort Pierce, Florida 34947 Public Utilities Engineering Department Albert Muniz 3301 Tamiami Trail East, Building H Karen Guliani Contract Date: August 8, 2005 Final Contract Amount. $1,083,000.00 Contract Date. March 1, 2005 Completion Date: October 31, 2006 Final Contract Amount. $354,817600 Completion Date'. September 14, 2005 16C 1 SOUTHWEST DIVISION Proiect Name: SCWRF Rehabilitation Piping Proiect Name: Michigan Street Drainage Improvements Odor Control Modifications Owner - Address - Proiect Manager- Phone. Owner - Address - Proiect Manager- Phone: Collier County City of Bonita Springs Public Utilities Engineering 9101 Bonita Beach Road 3301 Tamiami Trail East, Building H Bonita Springs, Florida 34135 Naples, Florida 34112 239- 949 -6262 Vaughn Williams Engineer - Address - Phone: Engineer - Address - Phone: Q. Grady Minor 8 Associates Hole Montes 3800 Via Del Rey 950 Encore Way Bonita Springs, Florida 34134 Naples, Florida 34110 David Schmitt E. Joseph Goetz, Jr. 239 - 254 -2000 Contract Date'. November 21, 2005 Contract Date: $243,610.00 Final Contract Amount $217,900.00 Final Contract Amount: September 1, 2005 Completion Date: July 12, 2006 Completion Date'. Proiect Name: Richview Court Drainage Maintenance Proiect Name: 1 -75 and Alico Road Interchange Reconstr. Owner - Address - Proiect Manager - Phone: Owner - Address - Proiect Manager - Phone: City of Bonita Springs Florida Department of Transporation Public Works Department Tallahassee, Florda 9101 Bonita Beach Road Bonita Springs, Florida 239 - 949 -6243 Engineer - Address - Phone: Engineer - Address - Phone: Contractor: Engineer: Thomas Boyle City of Bonita Springs Klewit Southern 239-432 -2732 Public Works Department 450 Dividend Drive 16999 James Whitehead Road Peachtree City Fort Myers, Florida 33912 Contract Dale: December 27, 2005 Contract Dale: October 5, 2005 Final Contract Amount $29,333.50 Final Contract Amount $1,288,742.63 Completion Date: January 30, 2006 Completion Date. June 2007 Proiect Name: Culvert Replacement in the River Oaks, Proiect Name: Twin Lakes Interconnect Palm River Subdivision Owner - Address - Proiect Manager- Phone: Owner - Address - Proiect Manager- Phone: Collier County Collier County Stonmwater Management Stormwater Management 2885 Horseshoe Drive 2885 Horseshoe Drive Naples, Florida 34104 Naples, Florda 34104 Margaret Bishop Gianfranco Nicolaci Enoineer - Address - Phone: Engineer- Address - Phone: Collier County Agnoli Barber & Brundage, Inc. Stormwaler Management 7400 Tamiami Trail North, Suite 200 Naples, Florida 34108 Roger Sandrus Contract Date: April 4, 2005 Contract Date'. September 12, 2005 Final Contract Amount $5769642.50 Final Contract Amount $7509120.76 Completion Date: July 89 2005 Completion Date. March 1, 2006 16C 1 1. 2. 3. 4. 5. 16C 1 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L( F•SY) FEE 'vX N i�L IIJ).500.00 __ 5.O Or, . (y) TOTAL $ 7 r 5-&,C), Z) Failure to complete the above may result in the Bid being declared non - responsive. Dated 3/5/10 Douglas N. Higgins, Inc. Bidder n BY: GC -P -6 16C I Co er County AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB #:10 -5441 (Check Appropriate Boxes Below) STATE OF FLORIDA AND X COLLIER COUNTY ❑ LEE COUNTY PROPOSER /BIDDER/QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Please provide the following information for the Proposer /Bidder /Quoter: Year Business Established in XCollier County or ❑ Lee County: 1990 Number of Employees (Including Owner(s) or Corporate Officers): 51 Number of Employees Living in X Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): 26 GC -P -7 16C I If requested by the County, proposer /bidder /quoter will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in proposer /bidder /quoter's submission being deemed not applicable. Douglas N. Higgins, Inc. Proposer /Bidder /Quoter Name Signature - Pte► din Title STATE OF F.--O A 10IU +IAA N \/Vxls tjTENhw CoUT`9 ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this �J� Day of 2010 r Notary Public r-1 A My Commission Expires: (AFFIX OFFICIAL SEAL) GC -P -8 16C 1 Immigration Affidavit Bid /RFP # 10 -5441 Title: Isle of Capri Water Main Replacement Phase 1 This Affidavit is required and should be signed, notarized by an authorized principle 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 - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Douglas N. Higgins, Inc. Name i d I' y/ n '^ Print Name K6 lIvI IInnV�II (,,IK'e,, Title x'10 "/ a� ,Jdw+ Signature {� �N 1 Date 315/10 STATE OF COUNTY OF .P The foregoing instrument was signed and acknowledged before me this 64,11 day of M61 4 , 2010 , by lV P, YQkt2 who has produced (Print or Type Name) k M h A/ as identification. c, �, r 1< Notary Commission Number /Expiratio , j `_ z 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 -9 16C 1 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 Fifty (150) 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 Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of M I Ai M County of VY6J FliWaW K)2INJ FL i 1Z , being first duly sworn on oath deposes nd ays 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. fie] iI t, W116 k 1i, , also deposes and says that it has exam red 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. GC -P -10 16C 1 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Michigan , which operates under the legal name of Douglas N. Higgins, Inc. , and the full names of its officers are as follows: President DougW N rT,G��; Secretary �,SuzuN��✓ p Treasurer Vq,f"� M agar Wild li� 1✓t� :)Gl ��SWt WIyAVikle The VejIV A,A,IAJ6 V1 f(O is authorized to sign construction bids and c for the company by action of its Board of Directors taken ontract 17, ZOO /j , a certified copy of which is hereto attached (strike out this last Wentence if not applicable). (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 and if operating under a trade name, said trade name is DATED �1'l6AU1 � GC -P -11 boao im N 1 1 0.aivt , MC legal e,01tity 16C (; _ T, J l '15 BY: T�l IG� s N. lt<�fC%j qs k- fitness _3-�d A6's Name of Bidder (Type Witness �A ,� ,� .f.:4 e� Signaturg U0 - Title STATE OF WJIV COUNTY OF INrnSOMAA/ The foregoing in tr me t w�s� cknowledged before me this day of j�GtY* 2010, by erI �. VV�fie , as �iCp -- IKi of Do (Aa l4a N w G a corporation, on behalf of the c poration. J14a /she is personally known to me or has produced as identification and did (did not) take an oath My Commission Expires: r :(AFFIX OFFICIAL, SEAL) NAME: GC -P -12 (Signature Notary) S (J 7/.t OY) t (Legibly Printed) Notary Public, State of Al di q% Commission No.: CERTIFICATE OF SECRETARY The undersigned, being the duly elected secretary of Douglas N. Higgins, Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held on Mav 15, 2009 and that said resolution is in full force and effect: "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, Inc., any and all contracts and documents." Douglas N. Higgins William D. Higgins James H. Sweet Kellv A. Wilkie Dated: May 15, 2009 � i x L R. Suz ne Hawker Secret y STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION F CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 -0783 HIGGINS, DANIEL ,NORMAN DOUGLAS N HIGGINS INC 3390 TRAVIS POINTE ROAD SUITE A ANNN ARBOR MI 48108 Congratulationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE 16C (850) 487 -1395 1 Department of O1a1e H I certify from the records of this office that DOUGLAS N. lUGGINS INC. is a Michigan corporation authorized to transact business in the State of Florida, qualified on August 1, 1973. The document number of this corporation is 830666. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report/uniform business report was filed on January 17, 2006, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. CR2EO22 (01 -06) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty - fourth day of January, 2006 66� �ixe1fl u171� scrEitti g uf,�gtalz 16C I 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 ($ 57 ) 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 Isle of Capri Water Main Replacement Phase 1 Bid No. 10 -5441 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. GC -P -13 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this stn day of March 2010. Douglas N. Higgins, FInc. Principal BY �e G �N�- (Seal) !fie A A. ✓VdKle q - r�� 11, Hartford ccident nd Indemnity Company Surety Attorney in Fact (Seal) \ DWAND Countersigned ',= *200dj010-0mw_ -_ Local Resident Producing Agent for Hylant croup, Po sox 541 Ann Arbor, MI 48106 GC -P -14 1 b-C- I' Direct Inquiries /Claims to: 'POWER OF ATTORNEY P.O. BTHE 3 6 O BOND, T- OUM ADVENUE HARTFORD, CONNECTICUT 06115 call. 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 XO Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Conneclica Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of hdiana 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 of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 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. ,ayn tayr �sr�n t ,•t,ttrs.�, iay /'� -".i ,/n1u� '� -'... i \rra.,,e.rr fff,, ►///0'''''11 � = r7 r�� a' Imo+ i t•s•r !: i',i .� -. �rre ,ba..f r ,K,,ro., �� r 1;hnnotal hqH� :q* 1970 / • � �x::,:,� - �'w.ery �• 0��..: t•`', r •`'•r'h��o�ti �'• �i.,�.`�� 5�y19T9 x . r`' rte• 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. 00, —� Scott E. Paseka Notary Public 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 5, 2010. Signed and sealed at the City of Hartford. .6 sv i •f iJ. fur •^} + 1970 ; Gary W. Stumpier, Assistant Vice President 16C 1 BUSINESS CONTACT INFORMATION Douglas N. Higgins Inc. (Firm's Complete Legal Name) Main Business 3390 Travis Pointe Rd., Ste. A (Address) Ann Arbor, MI 48108 (City, State, ZIP) Contact Name Daniel N. Higgins Phone No. 734 - 996 -9500 Title Vice President FAX No. 734 - 996 -8480 Email address: danhadnhiggins.com ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) (Company Name used as Payee) Contact Name Title Office Servicing Collier County Account /Place Orders /Request Supplies (REQUIRED ONLY if different from above) Contact Name Brandy Bartolone Title Regional Manager GG -P -15 (Address) (City, State, ZIP) Phone No. FAX No. _ Email address: 4485 Enterprise Avenue (Address) Naples, FL 34104 (City, State, ZIP) Phone No. 239 - 774 -3130 FAX No. 239 - 774 -4266 Email Address: brandv(&dnhiggins.com I6C 1 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed. 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 cashiers 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 Tamiami Trail, East Naples, Florida 34112 12. The mailing envelope must be sealed and marked with: aBid Number; 10 -5441 raProject Name; Isle of Capri Water Main Replacement Phase 1 <*Opening Date. March 5, 2010 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 Douglas N. Higgins Inc Bidder Name ku% a. l"biyw / V/0 - _P'jf w6j Signatu & Title DATE: 3/5/10 GC -P -16 16C 1 EXHIBIT A PUBLIC PAYMENT BOND Isle of Capri Water Main Replacement Phase 1 Bond NO, 35BCSFD7635 Contract No, 10 -5441 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A, Ann Arbor, MI 48108 as Principal, and Hartford Accident and Indemnity Company as Surety, located at P.O. Box 2103, 690 Asylum Avenue, Hartford CT 06115 (Business Address) are held and firmly bound to The Hoard of County Commissioners of collier County, FL as Obligee in the sum of one Million Seventy -Four Thousand Ninety -Seven Dollars ($1, 074, 097. 00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2010, with Obligee for Isle of Capri Water Main Replacement Phase I Bid No. 10 -5441 in FD 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 21st day of April 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: itnesses to Principal STATE OF 16C 1 PRINCIPAL Douglas N. Higgins, Inc. r♦ i�re� �r COUNTY OF buaS`i1ful0_ n_!.; The foregoing i $trument was acknowledged before me thisd43f dayy of Ctall 20 0 by _ - ( ti-- A. LVt k , as V� � rC� m of a AAI t corporation, on behalf of the corporation. e /she is persd4lly known to me OR h&s produced as identification and did (did no-Make an oath. My Commission Expires: (Signatur f Notary) NAME: (Legibly Printed) v (AFFIX OFFICIAL SEAL) Notary Public, State of A4 iC t Commission No.: ATTEST: SURETY: Hartford Accident and Ind mn; y Company (Printed Name) Witnesses to Surety KOXOTN W P.O. Box 2103 690 Asylum Avenue _Hartford, CT 06115 (Business Address (Authorized Signature) (Printed Name) �( OR Witnesses STATE OF MI COUNTY OF Wash enaw rii19 ' n l6C I �mil As Attorneyin'Fact (Attach Power of Attorney) Heather M. Johnson (Printed Name) 24 Frank Lloyd Wright Dr. P.O. Box 541, Suite J4100 Ann Arbor MI 48106 (Business Address) (734) 741 -0044 (Telephone Number) The foregoing instrument was acknowledged before me this 21st day of April , 2010, by Heather M. Johnson as Attorney in Fact Of Hartford Accident and Indemnity Company Surety, on behalf of Surety. He /She is personally known to me OR has produced take an oath. as identification and who did (did not) My Commission Expires: 11261;oS �Q (3 (Signature (AFFIX OFFICIAL SEAL) Name: Cher.41 tg� (Legibly Pri d) GC- CA -A -3 Notary Public, State of: MI Commission No.. N/A 16C 1 EXHIBIT A PUBLIC PERFORMANCE BOND Isle of Capri Water Main Replacement Phase 1 Bond No. 35BCSFD7635 Contract No. 10 -5441 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc. , as Principal, and Hartford Accident and Indemnity Company as Surety, located at P.O. Box 2103, 690 Asylum Avenue, Hartford, CT 06115 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL , as Obligee in the sum of One Million Seventy -Four Thousand Ninety -Seven Dollars ($ 1, 074, 097. oo ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2010, with Obligee for Isle of Capri Water Main Replacement Phase I, Bid No. 10 -5441 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC- CA -A -4 • 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 21st 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: 'Witne ses as to Principal STATE OF MIchl &A COUNTY OF /,uaSIM11 PRINCIPAL Douglas N. Higgins, Inc. BY: NAME: * , _a( /1 - Wfq/e- _ ITS: V11' t17 The foregoing instrument was acknowledged before me this day of r'r / 2010, by �_ i as — !P <r LIfi of —L2 ")IcA� a corporation, on bel4alf of the oration. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: ,3 /j /// q "C&t (Signature) Name: ,y (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.— GC- CA -A -5 ATTEST: Witnesses as to Surety i� e � � .Ulu Witnesses STATE OF MI COUNTYOF wasr,r naur ) SURETY: Hart f ord Accident and Indemnity Company (Printed Name) P.O. Box 2103 690 Asylum Avenue Hartford, CT 06115 (Business Address) (Authorized Signature) (Printed Name) OR �e in act y � i (Attach Power of Attorney) Heather M. Johnson (Printed Name) 24 Frank Lloyd Wright Dr. P.O. Box 541, Suite J4100 Ann Arbor, MI 48106 (Business Address) (734) 741 -0044 (Telephone Number) 16C The foregoing instrument was acknowledged before me this 21st day of April , 2010, by Heather M. Johnson as Attorney in Fact of Hartford Accident and Indem ity Company, a Surety, on behalf of Surety. He /She is personally known to-me OR has produced — as identification and who did (did not) take an oath. My Commission Expires: e131 a01 is ( Signatur (AFFIX OFFICIAL SEAL) Name: %fit fg ni`) (Legibly Prin ) GC- CA -A -6 Notary Public, State of: MI Commission No.: NZA 0 Direct inquiUra to: I POWER OF ATTORNEY 0 HARTFORD BOND, P.O. BOXX" 69 ASYLUM HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax.: 860- 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aqencv Code: 35- 350851 = Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of hdiana 0 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 of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the Stale of Indian Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois LJ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 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 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 Aftorney(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. DyI r `,n n�, rygtl� 1D7D F • °i 1170 i.j. • .: ;__, WM • iii 'r ,•``' r •.�`� �ira� ;� , / vZ-1)9 Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE 0 F CON N E CTICUT 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. Scott E_ Paseke Notary Public CERTIFICATE My Commission Expires October 3I, 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 April 20, 2010. Signed and sealed at the City of Hartford. r� �•; ri 4 ) i � S•DT � 9f'�� f-1,smo' '.e:,a N.ayOtl • qt;.`,:_.� q �� ' %i`i �•``� r •'�'`��'•u�io .fff• �'+.�C �'yy 1��. t Gary W. Stumper, Assistant Vice President CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Douglas N. Higgins, Inc ( "Contractor ") of 4485 Enterprise Avenue, Naples, Florida 34104, a Florida Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Isle of Capri Water main Replacement Phase 1, Bid No. 10 -5441 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by Q Grady Minor & Associates, 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 Seventy Four Thousand Ninety Seven Dollars $ 1,074,097.00. GC -CA -1 16C 1 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.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred Fifty (150) 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 Thirty (30) 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 -2 16C x1 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 ten and ten cents ($1,010.10) 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. G. Final Acceptance by Owner GC -CA -3 16C 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 Q.Grady Minor & Assoc. and identified as follows: Isle of Capri Water Main Replacement Phase 1 as shown on Plan Sheets 1 through 33. 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: Diana C Duri Collier County Public Utilities 3301 Tamiami Trail East GC -CA -4 1 16C 1 BLDG "H ", 3rd Floor Naples, FL 34112 Tel: 239/252 -4218 Fax: 239/252 -3989 Email: DianaDueri @colliergov.net 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: Daniel Higgins, Vice President Douglas N. Higgins, Inc. 4485 Enterprise Avenue, Naples, Florida 34014 Tel: 239 - 774 -3130 Fax: 239 - 774 -4266 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. GC -CA -5 16C' 1 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 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 GC -CA -6 16C `I 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 -7 16C'1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWOTITNESSES :: Y 1 e-A By: ,FIRST WITNESS jimes H . meet Type /Print Name lL^ " \1' SECOND WITNESS W t yam .b s Type /Print Name i ATTEST: D ht E. Brock, Clerk �f .0 a , aw • �*� Approved As To Form and Legal Sufficiencv: County Attorney CONTRACTOR: Douglas N. Higgins, Inc. kj K�ilu A 'Wl�Pil�co- �r.L�i�f Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA GC -CA -8 BY: 7 `x Fred W. Coyle, Chairman - 16C 1 EXHIBIT B INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 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 -B -1 16C` "'1 notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverageLsl 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 coverages) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. [CIOIIi7_Q : 16C 1 Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000.00single limit per occurrence 3. ® Commercial Bodily Injury and Property Damage General Liability (Occurrence Form) $2,000,000.00 single limit per occurrence patterned after the current ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ noted: Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Per Occurrence GC- CA -B -3 16C I ❑ Aircraft Liability coverage shall be carried than $5,000,000 each occurrence if applicab of the Services under this Agreement. Per Occurrence ❑ Pollution Per Occurrence ❑ Professional Liability Per Occurrence $ 500,000 each claim and in the aggr $1,000,000 each claim and in the aggi $2,000,000 each claim and in the aggi ❑ Project Professional Liability Per Occurrence ❑ Valuable Papers Insurance Per Occurrence 6. ® Bid bond Shall be submitted with proposal response in funds, cashiers' check or an irrevocable letter bond posted with the County Clerk, or propo equal to 5% of the cost proposal. All checks payable to the Collier County Board of Count a bank or trust company located in the State insured by the Federal Deposit Insurance Co 7. ® Performance and For projects in excess of $200,000, bonds sh Payment Bonds with the executed contract by Proposers rece written for 100% of the Contract award amour the Proposer receiving an award. The Perforr Bonds shall be underwritten by a surety authc business in the State of Florida and otherwise Owner; provided, however, the surety shall bf better as to general policy holders rating and rating as to financial size category and the an not exceed 5% of the reported policy holders' reported in the most current Best Key Rating A.M. Best Company, Inc. of 75 Fulton Street, York 10038. GC- CA -B -4 16C 1 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 Vendor Signature Print Name Insurance Agency Agent Name GC- CA -B -5 Date Telephone Number CERTIFICATE OF LIABILITY INSURANCI 6�GGIDS DAB Hylant Group Inc - Ann Arbor 24 Frank Lloyd Wright Dr J4100 Ann Arbor MI 48105 Phone:734- 741 -0044 Fax:734- 741 -1850 Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A Ann Arbor MI 48108 COVERAGES - - .. ._ . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SELOY INSURERS AFFORDING COVERAGE NAIC # INSURER conti C 1 ins a company 035289 INSURER B: Ned" ai x ri CO f a teo :d 020478 INSURERC Valley Forge Insurance_CO 020508 INSURER D. Continental caeual[y company 020443 I INSURERS RSUI Indemnity Co I 22314 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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. LTR NUR TYPE OF INSURANCE I POLICY NUMBER - POLICY EFFECTIVE POGCVEXPIRA�ON _.._ ... —... ___. .. YYY DATE (MIME 11 DATE MM /D RATIO LIMITS LIABILITY EACH OCCURRENCE $ 1,000, 000 CO 01061922047 — -OAT1AGE-TO RENTED—._ 12/10/09 12/10/10 PREMISES (Ed occurence) __...._ $ZOO, 000 X-1 OCCUR _ .. MED EXP (Any one person) TTT ...0 — ... $ 15 Q Q O X CAIMSMDE In PERSONAL B ADV INJURY __— — I$1•000 000 X Contractual Liao _. I GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER '. PRODUCTS COMP /OPAGG $ Z OOO, OOO 00 PRO- " POLICY X JECT LOG - - _.. __ AUTOMOBILE LIABILITY B �I ANY AUTO U1061922033 COMBINED SINGLE LIMIT 12/10/09 12/10/10 (Ea accident) $ 1, 000, 000 �X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS - - — -- �X NON -OWNED AUTOS BODILY INJURY (Per accident) $ IJ ----- - -_ - -- — PROPERTY DAMAGE $ (Per acciddn[) GARAGE LIABILITY —__ AUTO ONLY - EA ACCIDENT. $ ANY AUTO --- — —_ - -- -- OTHER THAN EA ACC $ AUTO ONLY AGO - -- $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 D ,X �, OCCUR F, CLAIMS MADE U1061922050 12 /10/09 12/10/10 —_ (AGGREGATE $lO•QOQ, OQO $ ..DEDUCTIBLE I -- r$ -- - -- IX RETENTION $10, 000 TII $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY V / N LIMITS ER L7 ANY EMBER/PARTNDED' CUTIV� WC161922016 OFFICER/MEMBER EXCLUDED' 12/10/09 1Z 1Q 10 EL EACHACCIDENT $SOD. OOO / / X (Mandatory in Ni /yyes, describe under DISEASE EA EMPLOYEE OYEE $ 500,000 � T SPEC 'AL PROVISIONS below E.L. DISEASE- POL.ICYLIMIT I $ 1,000,000 OTHER E ;'Professional and PECO025095 12/10/09 12/10/1011 2,000,000 Pollution Liab 25,000 ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Insured for General Liability - Board of County Commissioners, Collier County. For any and all work performed on behalf of Collier County .ERTIFICATE Collier County Board of County Commissioners Naples, FL 3301 Tamiami Trail East 25 (2009/01) r.ANOFI l ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO COLCO02 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1988.2009 fire ACORD name and logo are registered marks of ACORD riahts 16C 1 IMPORTANT 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 This Certificate of Insurance 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. Acoeo 25 12nn9 Intl 16C 11 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 _ day of corporation, My Commission Expires: (AFFIX OFFICIAL SEAL) 2010, by as of a on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. NAME: GC- CA -C -1 ignature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: 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. 10 -544 Project No. _ Application Date M FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Percent Work completed to Date: % Less previous payment (s) $ Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued 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 & Titl 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 16C 1 D Q U U 0 0 2 W = ~ U ? N d N N a Z la 9 C �C E W z m - a � O y � O N N LL c w 0 m I ! w p M E m O p ` o o y O f E K c W y < E IN i' 2 ui o CL a -- JQ LL a o0Q 0 f F ld o W N IW U � n a a c D O .V d > 7 L m W C IF U T W C O N I W V O I I ZIP 22�r I ' I Q a N N N } 0 K J c N W 2 N C O F IV a N m O U o a F O W N 16C 1 D Q U U 0 W II 0 U m Q (0 E O LL 'o O ocV Yi H N r to d `o v m c c O U 0 r W 16C M U U U 0 W C N N C A m O O o;ga C W L F T 9 7 d U C .0+ > N C IL — O N O > N m'do. d N Q' L H > O 7 j Q C > V d d IL d �a 0 E c Z `m to c 0 c N i d 0 i d A O 16C M U U U TO: Project Name: _ Bid No.: _10 -5441 Change Order No.: Change Order Description 16C 1 EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount... ................... ................ $ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Design Professional Date: Date: Accepted by: Date: Contractor Approved by: Department Director Authorized by: Division Administrator (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -1 Date: Date: Object Code: Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F 1 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 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: The following documents are attached to and made a part of this Certificate: 16C 1 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 2010 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 2010 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2010 OWNER By: Type Name and Title GC- CA -F -2 1C' 1 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: 10 -5441 Project No.: Date: , 2010 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) By Design Professional: By Owner: GC- CA -G -2 16C 1 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 16C 1 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 16C 1 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 1b 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 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC- CA -H -3 16C' 1 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 -3. 4.4 Contractor shall submit four (4) 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. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC- CA -H -4 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: (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 GC- CA -H -5 6 4 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 16C i 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 IN MAW U 1. tol 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 1 16C 1 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 16C 1 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 16C 1 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 16C 1 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 16C 1 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 seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. GC- CA -H -13 16C 1 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in 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 GC- CA -H -14 16C 1 unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in 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 GC- CA -H -15 16C 1 default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 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 GC- CA -H -16 16C 1 entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or 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 GC- CA -H -17 16C 1 warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 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 GC- CA -H -18 16C1 intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 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 GC- CA -H -19 16C 1 Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such GC- CA -H -20 16C l skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. GC- CA -H -21 I6C 3 1 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 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 GC- CA -H -22 I6C 1 when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall 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 16C 1 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 is available on -line at colliergov.net/purchasing. GC- CA -H -24 16C 'I 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 16C 1 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 16C 1 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. GC- CA -H -28 I 1C i 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, 'Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, 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. Consultant 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. GC- CA -H -29 16C W1 Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. GC- CA -H -30 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 -J -1 16C 1 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling and Microsoft Project; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program /Risk Management Program; f. Quality Assurance /Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. 3. All engineering site plans and drawings referencing a specific geographic area must be submitted in an AutoCad 14 or later format drawn in the Florida State Plane East (US Feet) Coordinate System. The drawings should either reference specific established Survey monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or be derived from the RTK(Real -Time Kinematic) GPS Network as provided by the Collier County Transportation Division. 4. 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 -J -2 16CMI EXHIBIT J TECHNICAL SPECIFICATIONS Please download file from www.colliergov.neVbid GC- CA -J -3 1' 1 EXHIBIT K PERMITS Please download file from www.colliergov.net/bid GC- CA -K -1 1 C f EXHIBIT L STANDARD DETAILS Please download file from www colliergov neVbid GC- CA -L -1 16C 1 EXHIBIT M PLANS AND SPECIFICATIONS Please download file from www.collierciov.net/bid GC- CA -M -1 U 0 F—i 3a u3enM u3xs N .e.. 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