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#18-7305 (PWC Joint Venture, LLC)
CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with PWC Joint Venture LLC ("Contractor") of 12649 New Brittany Blvd. Fort Myers, FL 33907, a Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Master Pump Station 306, Invitation to Bid No. 18-7305 ("Project"), as said Work is set forth in the Plans and Specifications prepared by AECOM Technical Services, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Ten Million Seven Hundred Nineteen Thousand and Eight Dollars ($10,719,008.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, 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. 1 CO Construction Services Agreement: Revised 072118 G 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 Five Hundred Fifty (550) 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 Ninety (90) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Three Thousand Six Hundred Forty -Five Dollars ($3,645.00) 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. 2 t,A� Construction Services Agreement: Revised 072118 D. Determination of Number of Days of Default. For all contracts, regardless ofwhetherthe Contract Time is stipulated in calendardays orworking days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. 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. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #18-7305 Master Pump Station 306. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit B-3: 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 ® Applicable ❑ Not Applicable 3 Construction Services Agreement: Revised 072118 The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #18-7305 Master Pump Station 306. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by AECOM Technical Services, Inc. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering and Project Management 3339 Tamiami Trail East, Suite 303 Naples, FL 34112-5361 Attn: Wayne Karlovich, Contract Administrator/Project Manager Phone: 239-252-5372 Email: Wayne.Karlovich(a colliercountyfl.gov 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: PWC Joint Venture LLC 12649 New Brittany Blvd. Fort Myers, FL 33907 Attn: Kevin Markhardt, Vice President Phone: 239-270-5907 Email: kmarkhardtQpwc-Ilc.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide opo 4 Construction Services Agreement: Revised 072118 any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and 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. Chanqe 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 procurement ordinance and policies 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 5 Construction Services Agreement: Revised 072118 face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary 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. 6 �O Construction Services Agreement: Revised 072118 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with PWC Joint Venture LLC ("Contractor") of 12649 New Brittany Blvd. Fort Myers, FL 33907, a Limited Liability Company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Master Pump Station 306, Invitation to Bid No. 18-7305 ("Project"), as said Work is set forth in the Plans and Specifications prepared by AECOM Technical Services, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein Contract Amount"), in accordance with the terms of this Agreement: Ten Million Seven Hundred Nineteen Thousand and Eight Dollars ($10,719,008.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, 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. 1 0 Construction Services Agreement: Revised 072118 G IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. Karen Lonauski Print Name GOND WITNESS Erica McTurk Print Name Date: November 5, 2018 ATTEST: Crystal K. Kinzel, Clerk. of Courts & Comptroller BY: U�) Attest as to Chatrman s l signature Only. �, A ro ed to md gality: aunty Attorney rs f4l: � Print Name CONTRACTOR: PWC Joint Venture LLC By Kevin Markhardt, Vice President November 5, 2018 Print Name and Title Date OWNER: BOARD OFC NTY COMMISSIONERS OF COLLI CO TY FLOR BY: /t Andy Solis, Esq. Date tdu, vg Chairman 7 Construction Services Agreement: Revised 072118 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement: Revised 072118 0 BID TABULATION FOR 18-7305 MASTER PUMP STATION 306 Collier County Public Utilities Department-EPMD Project #70142 Bid Alternate -1 Delete Pro mming 1 1 1 Lump Sum Deduct 1 $ 256,992.00 $ 256,992.00 Bid Alternate - 2 PWC, LLC Bid Item No. Description Estimated Quantity Unit $ Unit Price Extended Amount 2b Micro Tunnel 1 Lump Sum $ $ - Total BaseBid Price + Alternate 2a or 2b: Bid 1 Force Main and tie-ins 1 Lump Sum $ 640,000.00 $ 640,000.00 2 Valve Actuators at MPS 302 1 Lump Sum $ 160,000.00 $ 160,000.00 3 New MPS 306 1 Lump Sum $ 8,490,000.00 $ 8,490,000.00 4 Decommissioning and Demolition of Existing 306 1 Lump Sum $ 50,000.00 $ 50,000.00 5 Allowance FP&L Electrical Service 1 See Measurement & $ 20,000.00 $ 20,000.00 Payment 6 Allowance for additional work as directed See Measurement & by the Owner 1 Payment $ 800,000.00 $ 800,000.00 7 Pumper Truck 100 HR $ 160.00 $ 16,000.00 TOTAL BASE BID PRICE (Total of Bid Items No. 1 Through No. 7) $ 10,176,000.00 Bid Alternate -1 Delete Pro mming 1 1 1 Lump Sum Deduct 1 $ 256,992.00 $ 256,992.00 Bid Alternate - 2 US 41 Crossing (Bidders shall provide price for either Alternate 2a or 2b or both) 2a Jack and Bore 1 Lump Sum $ 800,000.00 $ 800,000.00 2b Micro Tunnel 1 Lump Sum $ $ - Total BaseBid Price + Alternate 2a or 2b: $ 10,719,008.00 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 072118 CAO CO ley Co14"ty Administrative Services Division Procurement Services Date: May 23, 2018 Email: Barbara.Lance@colliercountyfi.gov Telephone: (239) 252-8998 Addendum 1 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum #1: Solicitation # 18-7305 Master Pump Station 306 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change: The last day to "Receive Bids" has been extended to: 3:00 pm on June 25th, 2018 "Question/Answer" period has been extended to: 5:00 pm on June 181h, 2018 C: Wayne Karlovich, Project Manager •eferenced .;::: �t]18 Adnuni,tr�liti� R��rv;ck:st Lh��s:c�1£ f''rc)=:tile>�rncrd Cr.,v;e; Date: June 6, 2018 Finall: Barb—,iral..aricc p coliici-countyfi.m Telephone: (239) 252-8998 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum ##2: Solicitation # 18-7305 Master Pump Station 306 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: New Attachment Uploaded: "18-7305 Public Utilities Addendum 2" addresses: Answers to BidSync Questions 7-12 o Sign -In Sheet uploaded per Question 9 o Revised Bid Schedule o Specifications o Drawings C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. attire PWC Joint Venture LLC (Name of Firm) June 6, 2018 Date co,�County fictrnnlsb Gv S'clvicesD'—, ('ft)willF_It1L 111 : i£.�N:rF>' Gate: May 23, 2018 Email; 8rbra.Lancecctihercrruntyfi.ov Telephone: (239) 252-8998 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum #3: Solicitation #18-7305 Master. Pump Station 306 The following clarifications are issued as an addendum identifying the following clarification to the scope. of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changes: "Question/Answer" period has been extended to: 5:00 pm on Juste 251h, 2018 The Last Day to "Receive Bids" has been extended to: 3:00 pm on July 2nd, 2018 C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced PWC Joint Venture LLC (Name of Firm) May 23,2098 Date CdhL-r Co"Uty Achiliflistra&V Servicx s DA4!!on Date: June 19, 2018 Email: Barbara.Lance@collieLcouhtA!,gov Telephone: (239) 252-8998 Addendum 4 From; Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum #4: Solicitation # 18-7305 — Master Pump Station 306 The following changes and additional information are hereby made part of the Contract documents-. DRAWINGS: 1, Make Revision to Sheet C-401, a. Update the quantity of Argelltihe pallia to 6,800+/- SF in the Plant Schedule. h, Delete "ILE I" tag located to the west of Thomasson Lane driveway. c. Update the quantity of Southern Magnolias to "2" In Plant Schedule. SPECIFICATIONS: 1. Specification Section 07 4113.16 Standing -Seam Metal Roof Panels: Replace Paragraph 2.2.(B).2,a with the following: 2.2,(S)Za, Nominal Thickness: 22 gage or 20 gage ( 0.036 Inch nominal) 2. Specification Section 07 52 16 5B Modified Bitumen Mineral Surfaced Roofing System: Replace Paragraph 2.6-A, with the following: 2,(;-A General: Preformed roof insulation boards manufactured or approved by membrane roofing manUfaCtul-er, selected from manufacturer's standard sixes suitable for application, of thicknesses required and that produce FM Approvals -approved roof IIISL]IatiOrl; and approved by NOA. R Value Required: 19 (average) as long as minimurn thickness of 2" Is maintained. 3. Specification Section 43 3116 Diesel Driven Centrifugal Pumps: Replace Paragraph 2.06 with the following: 2.06 -Impellers shall be of the open, 3 -bladed, noneclog type with pump out vanes on the back shroud. Dynamically balance the irnpellers. The impellers shall have a minh-nurn Brinell hardness of 200 1-113. 1.8-7305 Addendum 4 Cont'd 4. Specification 43 3116 Diesel Driven Centrifugal Pumps: Delete i'laragraph 2.11 -ft. C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced nature PWC Joint Venture LLC (Name of Firm) June 19, 2018 Date AclrWNSlraUVO Ser�hceS W.Sion f'rc;cYir�rtas rtt <�nw�;�s Efate: May 23, 2018 Entail: Barbar r,t�2i�tce�colliert�ountt�(l �uv Telephone, (239) 252-8998 Front: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum #S: Solicitation #18-7305 Master Putnp Station 306 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changes: The Solicitation "End Date" has been extended to;. C; Wayne Karlovich, Project Manager 3:00 pm on July 10th, 2018 Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. I PWC Joint Venture LLC (Name of Firm) May 23, 2018 Date Date: June 25, 2018 Email: Barbara. Lai -ice t�cQtlle ryto ov �J f Telephone: (239) 252-8998 Addendum 6 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject- Adderidurn #6; Solicitation It 18-7305 — Master Purnp Station 306 'rhe following changes and additional information are hereby made part of the Contract documents; Please see "Collier County Addendum No 6 to Contract Docs" which addresses: 1, Answers to Questions: 29, 31-32, 34-35 2. Changes to Specification 3. Changes to Drawing C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solici tion, Ke -vin Markhardt, Vice President PWC Joint Venture LLG (Name of Flrrn) 1 07/02/2018 Date C" 'Ve'r unty Arh Date: June 25, 2018 Email: BarbaLa — .L�ancei colll �)unt (I.&ov Telephone: (239) 252-8998 Frorn: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum #7: Solicitation # 18-7305— Master Pump Station 306 The following changes and additional information are hereby made part of the Contract documents: Change to File: 18-7305 Addendum 6 - Above referenced file was uploaded in error. - Addendum 7 removes the wrong file and replaces with the correct "Addendum 6" C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced PWC Joint Venture LLC (Name of Firm) I 07/02/2018 Date G c4ele-r cou-my Adrninishadve SeNc�t cws!on procure'lly-fil ""(nw"4�s Date: June 28, 2018 .Email: 8arbaLLaI_IALI&tLOI_(_oI Lie Telephone: (239) 252-8998 Addendum 8 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum #8: Solicitation# 18-7305 —Master Pump Station 306 The following changes and additional information are hereby made part of the Contract documents: Documents Unloaded: 0 18-7305 Public Utilities Addendum 8 0 "Revised" Bid Schedule (18-7305 Exhibit A-1 Bid Sched—Rev—Addendum 8) Addendum 8 Includes Changes to: • Specifications • Drawings • Attachment 1 Section 0120 00 ''Measurement and Payment" • Attachment 2 Section 40 93 00 "Instrumentation and Control System" C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendurn with your submittal for the above referenced PWC Joint Venture LLC (Name of Firm) I 07/02/2018 Date G Date: June 29, 2018 Telephone, (239) 252-8998 Addendum 9 From: Barbara Lance, Procurement Strategist To. Interested Bidders Subject: Addendum #9: Solicitation #18'73US—Master PumpStation 306 The following changes and additional information are hereby made part of the Contract 1. The Solicitation "End Date" has been extended to: AL -OO pia onLuly le 2018 2. Please reference document: �8-7305 Public Utilities—Addendum9" for details regarding: * Answers to Questions 38, 44, 53-57, 59, 63-65 • Clarifications and Changes toSpecifications/Drawings C: Wayne Karlovich, Project Manager Please sign below and return mcopy ofthis Addendum with your submittal fortheaboverofwrence6 ` Kevin K4orkhardt,Vice President PWC Joint Venture LLC (Name of Firm) 1 D7/02/20i8 ;- COs.-ntyy Adar,;ri:sbatyesernG:5 4, r Date: July 16, 2018 Emafl: Barbara,Lance(c�coiliercountvfl.�ov Telephone: (239) 252-8998 Addendum 10 From; Barbara Lance, Procurement Strategist To: Interested Bidders subject: Addendum #10: Solicitation # 18-7305 — Master Pump Station 306 The following changes and additional information are hereby made part of the Contract documents: CHANGES CLARIFICATIONS: 1. The Solicitation "End Date" has been extended to: 3:00 pm on July 25", 2018 C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. PWC Joint Venture LLC (Name of Firm) July 25, 2018 Date COU14ty Addendum 11 Date; July 18, 2018 From: Barbara lance, Procurement Strategist To: Interested Bidders Email: Barbara, Lance(Wcolliercountyfl.goy Telephone: (239) 252-8998 Subject: Addendum #11: Solicitation #18-7305 Master Pump Station 306 The following clarifications are Issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changes: "Question/Answer" period has been extended to: 5:00 pm on lulu 251t', 2018 The Last Day to "Receive Bids" has been extended to: 3:00 pm on August 1st, 2018 C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. August 1, 2018 (Signature) Kevin Markhardt, esldent Date PWC Joint Venture LLC (Name of Firm) `" i i3ti l !" C,0u"t Addendum 12 Date: July 26, 2018 From: Barbara Lance, Procurement Strategist To: Interested Bidders Email:Barbara.LanceLr�coiliercountyfl,gov Telephone: (239) 252-8998 Subject: Addendum #12: Solicitation #18-7305 Master Pump Station 306 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changes: "Question/Answer" period has been extended to: 5:00 pm on August 91h, 2018 The Last Day to "Receive Bids" has been extended to: 3:00 pm on August 151x', 2018 C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. August 15, 2018 ( +gnature evin Markhardt, Vice President Date PWC Joint Venture LLC (Name of Firm) Ri}rr�ristraiiv� Serves [�ivi�cn Addendum 13 Date: July 30, 2018 From: Barbara Lance, Procurement Strategist To: Interested Bidders Email:Barba ra.Lance Ocolliercountyf€.gov Telephone: (239) 252-8998 Subject: Addendum #13: Solicitation #18-7305 Master Pump Station 306 The following clarifications are issued as an addendum Identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Documents Uploaded: • 18-7305 Public Utilities_ Addendum 13 • "Revised" Bid Schedule (18-7305 Exhibit A-1 Bid Sched_Rev_Addendum 13) "Addendum 13" includes Changes and Additional information to: • Supplementary Conditions • Answer to Question 66 and 71 • Specifications • Attachment 1- Measurement and Payment • Attachment 2 - Microtunneling (See attachments A -C) • Attachment 3 - Revised Drawings C: Wayne Karlovich, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Kevin Markhardt, Vice President PWC Joint Venture LLC (Name of Firm) August 15, 2018 Date CO C "ty Adnib-ctrnvoo S@M1ilceG Cveic o r'rca:reinalt ServteG Addendum 14 Date: August 10, 2018 From: Barbara Lance, Procurement Strategist To: Interested Bidders Email: Barbara. Lance@colliercount fy 1. go Telephone: (239) 252-8998 Subject: Addendum #14: Solicitation #18.7305 Master Pump Station 306 The following clarifications are issued as an addendum Identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Documents Uploaded: 18-7305 Public Utilities Addendum 14 C: Wayne Karlovich, Project Manager Please sign below and return a copy of this solicit tion. �7 .� Q\� natureY--Kevin Markhardt, Vice PWC Joint Venture LLC (Name of Firm) with your submittal for the above referenced Auquust 15, 2018 Date Collier County ;; F4RlVi X 1311D:.RFSPONSEQRM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MASTER PUMP STATION 306 BID NO, 18-7305 Full Name of Bidder PWC Joint Venture LLC Main Business Address 12649 New Brittany Blvd. Fort Myers, FL 33907 Place of Business 12649 New Brittany Blvd. Fort Myers, FL 33907 Telephone No. 239-270-5907 Fax No. 239-270-5943 State Contractors License # CGC1523925 State of Florida Certificate of Authority Document Number L15000048078 Federal Tax Identification Number 47-3452003 DUNS # 085821609 CCR# N/A Cage Code N/A To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) Solicitation 18-7305 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, fine or corporation; that it has carefully examined the location of the proposed Work, die proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of die Contract, and to do all other things required of the Contractor by die Contract Documents, and that it will take full payment the shuns set fort, 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 decinnal points will be conducted by Procurement Services Division staff. 5/2/2018 2:43 PM P 5S Collier County FORM3 MAI>IJRTA)<.MANUFAGTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE Solicitation 18-7305 All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal, 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;:'.' in V tur Sign re ` Date: June'8, 209.8 Section B (Exception requested to Bid specifications manufacturers and materials) 2. 3, 5. EXCEPTION MATERIAL Please insert additional pages as necessary. EXCEPTION MANUFACTURER Company.:.: R C Joint Ver fire L Sagnttu Date June 8 2018.1: 5l2I2018 2:43 PM p. 7 Collier County F'4RM4 - LIST::OF MAJOR SJIICnNTRAC'TORS :>;: THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE Solicitation 18.7305 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 2017-08 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. �mnanv .:A%AIr. 'lnintVaniiiro �"WANWV777 Date JtinB 8, 2018,' 512=18 2:43 PM P. 8s Collier County FORM S :$T'ATEMENT;OF EXPEP-KNCF O BIDDER Solicitation 18-7305 The Bidder is required to state below what work of similar magnitude completed within the last five (5) 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. PWC Joint Venture Project and Location Reference (include phone # or email address) completed: Contract #:Y16-742 Orange County North Pine Hills Road Forcemain Reroute James Montalvo, Chief Inspector $1.8 Million Phone: 407-806-2120 -Completed: September 2017 Email: lames.montalyo(@_ocfl.net Weiss Construction (member of Wayne County Water Quality Management the Joint VentureContact M 37-13-063 Northeast Sewage Disposal completed: 2. System Priority 1A Improvements $11.1 Million Completed: December 2015 Greg Tupancy, P.E. Phone: 313-224-3620 Email: gtupancy@waynecounty.com Oakland County Water Resources Commissioner Navid Mehram P.E. 3. Pontiac WWTP Replacement of Mechanical Bar Phone: 248-452-9245 Screens and Di ester Mixing System Improvements Email: mehramn@oakgov.com Tf 6 VTon Completed: December 2015 4 Great Lakes Water Authority PC -776 RAS Pumps for Secondary Clarifiers 525.3 Million Nicholas Nicholas, Engineer Phone: 313-224-3620 Completed: May 2016 Email: nicholas.nicholas@glwater.org Great Lakes Water Authority 5• PC -756 Rehabilitation of Primary Circular Clarifiers Derek Bennett, Head Inspector $10.9 Million Phone: 313.999-3553 Completed: July 2014mal : ere . enne t(Mg wa er.org 6 Great LaKeS Water AUtflority PC -787 Replacement of Belt Filter Presses for Vinod Sharma, Project Manager CnmplAy I anti I 1ppPr I g�/pl rmmplax 11 Phone: 313-297-5957 $30,2 Millfon Email: vinod,sharma@giwater.org Completed: March 2017 Company:.. P C Joint Venture Sigrtatur:: Date 'June S; 2018 5/2/2018 2:43 PM Collier County Solicitation U-7305 FORM.G TRENCH SAFET'Y.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 Cost Measure Measure uanti Cost (Description) L Y V U 3. 4. 5. TOTAL $1� t_ 1 W Failure to complete the above may result in the Bid being declared non-responsive. Company: Signator '"= Date June 8, .201$ 5/2/2018 2:43 PM P. 10 �ZY COW crouilty $ell tatlflh 18-73305 FORMS 7 - FID BOND KNOW ALL MEN BY THESE PRI SYWrS, that we PWC Joint Venture, LLC (herein after called the Principal) and ,L begy Mutual Insurance Company (}lcfern called the Surety}, a raorprutttion chartered and existing under the laws of the State of Massachusetts Leith its principal offices in the city of .Boston and authorized to do business in the State of Florida Pru held and firmly hound unto the CoI11er County (hereinafter called the Ownrr), in the full and just sunt of Five Percent of Amount of t3ld defiers (S 5% __....... ...) good and lawful money of flit, United :States of America, to be paid upon demand of the Owner, to which payment voell and truly to be made, tho Principal artd 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 ;he Project known as Bid No, 13-7305 -- tt;laster Purup Station 306, NOW, TFIHRVFO tE, if'the Owner shall accept the Bid of the PRiNCIPAL and the PRINCIPAL shall anter into tiro required Agreement with the Owner and within ten days ailcr the date of a written Notice of Award in ti=rdanco with the. teams of such Bid, and give such frond or bonds in an amount of ltd/o tite total Contract Amount as slrecilied in (lie Bidding Doeurnents or Contract Documents with good and sufficient surety for the faithful performance of tho Agreement and for the prompt payment of labor, materials anti r lit}ilei furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Arement or to 0"o vueh ixxui or fropds �rjd deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay iii thu OBLIGRE t -ie Fxcd zlim of $ r Lo erc�n o noted above as liquidated dame les, and not as a penalty, as provided in the Bidding Document then i:us abli atit o Amnrrnl�oi@titl5�v).b 1� y 1 $ �, � shall be null and void, otherwise to remain in full force and etToct. IN TEiSTWONY Thereof, the Principal and Surety have caused these presenis to be duly signed and sealed thi- _ 6th r1ay of June .2018 PWC J int Venture, LLC A Principal l3Y _ . _ : _`` _�.. _ (Seal). � ViiiL Liberty Mu al Insurance Company Surety (Seat) Ro rt Tro horn y-1 -act Countersioad " Wendy L. n on, is ed For a Resident ?Cgent " _ — Appointed Producing Alent C I ur nce Group Capon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attachod to the Bidding Documents tvithin ten (10) palundar days and deliver die Surety 13ond or T3onds and Tnsurarrctx OertiCtCrites as required by cite Contract Documents.The bid security attached is to become the property of the Owner in the event the Agr„ement, Insurances Cartificates and Bonds aro not executed and delivered to Owner Within cite time above set forth, as liquidated damagos, for the dolay and additional expense to the Owner, it beim; recognized that, since time is of the ossonce, Ovaier %Q1 suffet financial loss if the successful Bidder fails to execute rued deliver to Owner the required Agreement, Insurances Certificates and Bonds within tho required time period. Tn die event ofsuch fenturo; the total amount of 0w7ter's damur;es, LLill be difficult, if not impossible, to definitely ascertain and quantity. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages fixmi the Successful Bidder in the event it Pails to execute and deliver the Agreement, Insurance Certificates, And Bonds rte required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it ntay have to seek to characterize Elio above noted liquidated damages as:a pen. alty, which tho )parties agree represents a fair and reasonable estimate of Owner's actual dartragcs al tate time of bidding ifdle Successfal Bidder Nis to execute and deliver the Agreement, Insurance Certificates, aped Bonds in a timely manner. Upon peer;ipi of the sinned and approved agreement arid Purchase Order, the undorsigned proposes to commence work at the site wilhin five (5) calendar days from the conuncncentent date stipulrrted in the written Notice to Proceed unless the Project imanager, in writing, subsequently nodficcs the Contractor of a modified (tater) commencement date. The undersigned further afrt:es to substantially complete req wark covored by this Bid within Isive Hundred nifty (550) consecutive calendar days, computed by excluding die commencement date and including the last day of such period, and to be fully completed to the point of final acceptlmco by (lie Owner widrbt Ninety (90) consecutive calendar days after Substantial C"ompletion, computed by excluding commencement date and including the last day of such period 512C108 2:43 PM tr. t4 n�� Collier County Solicitation 18.7305 Resnectfully Stibiiiit(eti; Slate of County of _ __, _ .. being first duly svom on oath deposes and says that the Bidder on tho agave I.lid is organized as indicated and that all statements herein made are made on behalf of such Bidder and (het this deponent is authorized to make them. __........___ ...__,._._. also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) CpWTs &t1 The Bidder is a corporation organized and existing taider the laws of the State of ,A TM. which operates under the legal name of _ and the full names of its officers are as follows: 1'rc�ident__. Treasurer Manager 'Ilse _ _._ ___, _. _,-,__._ _ is authorized to sign construction bids mid contracts for the company by action of its Board of Directors taken _ _ T a certified copy of which is hereto attached (strike out this last sentence if not applicable), (b) Co-part►wrshin The Bidder is a co•partnersfiip consisting of individual partners whose full names aro as follows: Tbu co -partnership does business under the legal name of: (c) Individual. 'rile Ridder is an individual whose full name is and if operating under a trade name, said trade name is _. _... ._._..._.___._....... —..— Complete for information contained in (a) Corporation, (b) C,o•partnorship or (c) Individual from provious patio. DATED Legal Entity 13 Y: __ lWiuiess Name of Bidder (Typed) —_— — Witness Signature 'rifle STATE OF COUNTY OF The foregoing instrument was acknowledged before in0 this day of . 20 by as ..... of _ a corporation, on behalf of die corporation. llelshe is personally known to me or has produced _... as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICiAI. SEAL) (Sitnahire of Notary) NAME: (Legibly Printed) —_ Notary public, State of 5121101 li 2:43 PM p. t 2 THIS POWER OF ATTORNEY IS NOT VALiD UNLESS IT IS PRINTED ON RPO BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Cerlificate No. 7828301 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty In.sufance Company is a corporation duly organized under the laws. of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the taws of the State of Massachusetts, and West American insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the `Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,. Alan P. Chandler Ian J. Donaldi Jeffrey A. Chandler; Rathleen M Irelan: Meagan L Kress- Robert Trobec• Susan L Small- Wendy L. ,Hingson all of the city of Troy , state of MI each individually if there be more than one named, its true and lawful altomay-in-factto make, execute, seal, actino fledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their oven proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of (he Companies and the corporate seals of the Companies have been affixed thereto this 7th day of July 4 ,r 'g 1991 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company 0 Liberty Mutual Insurance Company WestAmed can Insurance Company N J��r� � By. d, rr. .ria . ......_ David K Carey, Assistant. Secretary y On this Ith day of July , 2017 , before me personally appeared David hi. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance Company. The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on babe If of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above vrriiton. gA PAST COAWON IOEALTttCJF.PENNSYLVAN1A � txrt�rq�ar`�it �— NnUu•er Sa �i .� /1(,l+'iuf.•(;44U Teresa flash:,L3, Notary Public: sY — 6r Upper ti'imonTwp hlcnlaornwycounly Teresa Pastella, Notary Public civ by C onwntssion Expires March 2a. 2021 "J�f�PU©J '.:cn,LL•r,Pcrnsp,vrnua AaLw!aw,n 0rrr#:Mes This Power of Attorney is made and executed pursuant to and by aplhodty of the following By -Iasis and Authorizations of The Ohio Casualty insurance Company, Liberty lAulual Insurance Company, and West American insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of.the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact. as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogrlizarices anis other surety obligations. Such atidmoys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any suc11 instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -fn -fact. under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety. Bonds and Undedakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in•fact. as may necessary to actin behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-factsub}ect to the limitations set forth in their respective powers of attorney, shall have hili pourer to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When s0. executed such instruments shall be as binding as if signed by the president and attested by the secretary, Certificate of Designation The President of the Company, acting pursuant to the Bylaws of the Company,.outhorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizaaces and other surety obligations. Authorization By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature.of any assistant secretary of the Company,.wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by_said Companies, is in hilll force. and effect and has not been revoked. . , IN TESTIMONY WHEREOF, I have hereunto set my (land and affixed the seals of said Companies this _ day of "',,r.,f'r�,!' 0 19f9 n 4 1912 1991 r 8y. Renee C, Liewe ssistant Secretary ter:„ * � * ,�•' * :> LMS._12873„022017 334 of O-4 Collier County Solicitation 18-7305 Gpukr C014MY Y A r--ktrabweSF,-N-XesD"ftn .it FORM 9 - CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The fiTM has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in tine "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: PWC Joint Ventgre t_l.0 �� \� Signature and Da1� J "mac - `-� June 8, 2018 Print Name: Kevin Markhardt Title of Signatory: Vice President 512120 1 8 2:43 PM Collier County Solicitation 18-7305 00fler Cflbt;Ytt:Y p sN"at:to; crsC4,2rtnnWt rfixwo+n�4':i sw'rvs ifw4� 1 FORM 10 - VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Conmussioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier Comity document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract, IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 8th day of June 20 18i the County of Lee , in the State of Florida Finn's Legal Name: PWC Joint Venture LLC Address: 12649 New Brittany Blvde City, State, Zip Code: Florida Certificate of Authority Document Nunber Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Signature by: (Typed and written) Title: Fort Myers, FL 33907 L15000048078 47-3452003 NIA 239-270-5907 Kevin Markhardt, Vice President 5/212018 2:43 PM P.?t'�r Collier County Additional Contact Information Solicitation 18-7305 Send payments to: PWC Joint Venture LLC (required if different from Company name used as payee above) Contact name: Brett Carner Title: Senior Proiect Manager - Address: 12649 New Brittany Blvd. -- City, Stale, ZIP Fort Myers, FL 33907 Telephone: 239-270-5907 Email: bcamer@pwc4lc.com Office servicing Collier, County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Kevin Markhardt, Vice President Solicitation: Email: kmarkhardt@pwclic.com Phone: 313-567-4500 5!2/2018 2:43 PM Collier County solicitation 18-7305 oo,At:r County FORM 11 - IMMIGRATioN AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with farinal solicitation submittals. .Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include this Affidavit and aece )table evidence of enrollment in th.e E-Verif ro rani may deem the Ver)dor's propQsal as non- resnonsivc. Collier County will not intentionally award Comity 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 C CNA"). Collier County may consider the employment by any Vendor of tuauthorized aliens.a violation of Section 274A (e) of 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 filly compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with (lie provisions of the Memorandum of Understanding with E -Verify and to provide proofof enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of homeland Security in partnership with the Social Security Administration at the tune of submission of the Vendor's proposal. Company Name _PWC Joint Venture LLC Print Name tt vin Markhardt Signature �. State of Michigan County of Macomb Title Vice President Date June 8, 2018 The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Commission No.; My commission expires June 4, 2022 SHELLEY L. LASKAMP.S. Ntilttry Public. 1l1ncamtit'uun#}:`Mirlrigull ht} E i�illmisi u, L�hrrc. lune 4,2()22 5/2!2018 2:43 PM P.( ) Collier County Solicitation 18-7305 Collier Comity FORM 12 - VENDOR SUBSTITUTE W --9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to cotlect the followinginformation for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that (lie comity notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name pWC Joint Venture LLC (as shown on income lax reluni) Business Name (if different from lai7)ayer mine) Address 12649 New Brittany -Blvd. City Fort Myers State Florida Zip 33907 Telephone 239-270.5907 Email kmarkhardtQowc-Ilacom Order Information (Must be filled out) Remit /Payment Information (Must be filled out) Address 12649 New Brittany Blvd, I Address 12649 New BrittanyBlvd, City Fart Myers State Florida Zip _33g07 I City Fort Myars State Florida Zip 33907 Email kniarkhardl®pwo-Ila.com I Email kmarkhardtpwc-tic com 2. Company Status (check only one) Individual / Sole Proprietor _Corporation Partnership Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRCP Enter the tax classification 501 (c) 3) (D DDisregarded Entity, C = Co►poration, P =1'artnershilr) 3, Taxpayer Identifcation Number (for lax reporting pw7)oses onlj9 Federal Tax Identification Number (TIN) 47-452003 (Vendors who do not have a TIN will be required to provide a social security number prior to art award). 4. Sign and Date Form; Certification: Under enal 'es ofj)crjktry, I cerci tfkt the information shown on this ortn is correct to iny knowledge. St turf Date June 8 2018 Title Kevin Markhardt, Vice President Phone Number 239-270-5907 5/2/2018 2;43 PM p. 20 1, Collier County ':FORM 13 Bip.DERS CHECKLIST... < Solicitation 18-7305 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. Bid Schedule has been completed and attached. 5, Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed in Bidsync: I. Construction bid instructions form 2, Constriction services agreement 3. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: I . Bid Form (Form 1) 8. Insurance and Bonding Requirements (Form 8) 2. Contractors Key Personnel (Form 2) 9. Conflict of Interest Affidavit (Form 9) 3, Material Manufacturers (Form 3) 10. Vendor Declaration Statement (Form 10) 4, List of Major Subcontractors (Form 4) 11. Immigration Law Affidavit Certification 5. Statement of Experience (Form 5) (Form 11) 6. Trench Safety Act (Form 6) 12. Vendor Substitute W-9 (Form 12) 7. Bid Bond Form (Form 7) 13. Bidders Checklist (Form 13 — this form) 9, - Copies of required information have been attached 1. Company's E -Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3, Any required professional licenses — valid and current (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been subnnitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified openingdate and time, otherwise the Bid cannot be considered. PWC Joint Venture LLC Bidder Name `\ _ June 8, 2018 �Siggnat e & Title Date Kevin Markhardt Vice President 5/2/2018 2:43 PM p. 21 9 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Eric Reeves Ereeves@pwc-Ilc.com Brett Carner Bcarner@pwc-Ilc.com Personnel Category Construction Superintendent Project Manager 10 Construction Services Agreement: Revised 072118 ��J EXHIBIT B-1: PUBLIC PAYMENT BONG 18-7305 Bond No. 013129895 Contract No, 18-7305 KNOW ALL MEN BY THESE PRESENTS: That PWC Joint Venture, LLC 12649 New Brittany Blvd, Ft. Myers, FL 32609 , as Principal, and Liberty Mutual Insurance Company as Surety, located at 175 Berkeley Street, Boston, MA 02116 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County as Obligee in the SUM of Ten Million Seven Hundred Nineteen Thousand Eight And No/100THS ($10,719,008.00 ) 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 5th day of November 2018 with Obligee for Master Pump Station 306 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: 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 sura 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 5th day of November 2018 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body, 11 Construclioc Services Agreement: Revised 072118 Signed, sealed and delivered in the presence of: 41a"ju_ lnc:l �rice Admin. it essesastoPrinci a 'e Karen Longuski, 0 PRINCIPAL PWC Joint Venture, LLC BY -,-- N A WE: Kevin Markhardt ITS: Vir-c, President STATE OF Michigan COUNTY OF __0akjjnd_.4aaZiV .g in the County of Wayne) The foregoing instrument was acknowledged before me this 5th day of November 20_18, by Kevin Markhardt I as Vice President of PWC Joint Venture LLC a Florida . corporation, on behalf of the corporation. Helshe is personally known to me OR has produced— as identification and did (did not) take an oath. - 2 My Commission Expires December December 28 02-4- Erica McTurk I (Signature of Notary) Notary Public - State of Michigan NAPA County of Oakland (AFFImmiSSion Expires December 28, 2024 ATTEST: Meagan Kress, Surety Administrator Witnesses to Surety Erica McTurk (Legibly Printed) Notary Public, State of Michigan Commission No,: SURETY: Liberty Mutual Insurance Company (Printed Narne) 175 Berkeley Street Boston, MA 02116 (Busj ss Address {Au llhorizeHignature) Robert Trobec, Attorney -in -Fact (Printed Name) 12 GonslTuction services Agreemeqk: Revised 072118 01" OR litnesses STATE OF Michigan COUNTY OF Oakland As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this 5th day of November 2018 1 by Robert Trobec _ as Attorney -in -Fact--- of Liberty Mutual Insurance Company Surety, on behalf of Surety. FijiShe is personally known to me OR has produced Personally Known as identification and who did (did not) take an oath, My Commission Expires: 02/09/2025 CHARLENEVAUGHN Notary Public, State of Mi.chigan County of Macomb My Commission Expires 02�-0,9'3-2025 Acting in the County of DA.1i�kk (AFFIX OFFICIAL SEAL) i (Signature) Name: Charlene Vaughn (Legibly Printed) Notary Public, State of: Michigan Commission No.: N/A ?3 C;unstruction Services Agreemen t Pavised 07211a EXHIBIT B-2: PUBLIC PERFORMANCE BOND 18-7306 Bond No, 013129895 Contract No. 18-7305 KNOW ALL MEN BY THESE PRESENTS: That PWC Joint Venture, LLC 12649 New Brittany Blvd, Ft. Myers, FL 32609, as Principal, and Liberty Mutual Insurance Company as Surety, located at 175 Berkeley Street, Boston, MA 02116 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County , as Obligee in the sum of Ten Million Seven Hundred Nineteen Thousand Eight And No/100THS ($10,719,008.00 )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 5th day of November 2018 with Obligee for Master Pump Station 306 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; Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance gond regardless of the number of suits that may be filed by Obligee. 14 Construr.tion Saiv+ces Agreement Revised 072118 .ti v IN WITNESS WHEREOF, the above parties have executed this instrument this 5th day of November 1 2018 ., the name of each party being affixed and these presents duty s<gned by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL PWC Joint Venture, LLC 1it esses as Princgi---- Karen Longuski, 0 five Admin. NAME: Kevin Markhardt ITS, Vice President STATE OF Michigan COUNTY OF Oakland acting. in the County of Wayne) I he foregoing instrument was acknowiedged before nie this _5111 day of NDy I _eMbe,,r_ 2018 by -Ke-Via-BarkhardL—.-...__..a.. as Vice. TXL51dant— of PWC JQinLyQnturp T J C a jQrida corporation, on behalf of the corporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath My -L XMI t,'5. December 28, 20,e 4 Erica Murk (Signature) Notary Public - State of Michigan N ime. Erica-McTurk County of Oakland(Legibly Printed) (AFM4WOC'11 ir December 28, W24 Notary Public, State of: _Michigan Commission No,: N/A 15 Cwishucdo -I Services Aq-eemer I � Rvviscd 072118(Z'� ATTEST: SURETY: Liberty Mutual Insurance Company (Printed Name) 175 Berkeley Street Boston, MA 02116 (By ss Agdre s) (A thcriz ignature) Robert Trobec, Attorney -in -Fact t ess as to Surety (Printed Name) -1\AeagtfffKress, Surety Administrator OR Witnesses STATE OF Michigan COUNTY OF Oakland As Attorney in Fact (Attach rawer of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this 5th day of November 2018 by Robert Trobec _ a$ Attorney -in -Fact of Liberty Mutual Insurance Company a Corporation__ _Surety, on behalf of Surety. He/She is personally known to me OR has roduced Personally Known as idetrificati n�and,wh di (did -not) fake an oath. M t iA R LSE N E I VA U G HiN S' 02/09/2025 ( ignature) Notary Public, State of Michigan County of Macomb Blame: Charlene Vaughn My Commission Expires 02-09-2025 (Legibly Printed) Acting in the County of (AFFIX OFFICIAL SEAL) Notary Public, State of: Michigan Commission No.; N/A 1s C;anslructilao Services Agreement. Revised 072118 +;J THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7998300 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeffrey A. Chandler; Alan P. Chandler; Ian J. Donald; Wendy L Hingson; Kathleen M Irelan; Meagan L Kress; Susan L Small" Robert Trobec all of the city of Troy , state of MI each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of February 1 2018 STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmericann Insurance Company 17 By:for _t�--- David M. Carey, Assistant Secretary On this 1st day of February , 2018 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, COMMONWEALTH OF PENNSYLVANIA r Notarial S a! Toresa Pastella, Notary Public By: ._._.__......_..._..._...__.._. _ __ ___ __ ........_.__. ....... ......... ° t Upper M ronTwp Montgom iy County Teresa Pastella, Notary Public My Commission Exp -r s March 28, 2u2l Mernbu. Pennsyly a u i kssocia t r of hotrnes This Power of Attorney is made and executed pursuaro t to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV– OFFICERS –Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xtll – Execution of Contracts – SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. a IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of t 20 \ . 1 1 � :: 19 ? 19�i t �; BY: t ? a Renee C. Llew ssistant Secretary j 494 of 500 LMS 12873 022017 tTs rn W m c > C M C LLO V r 9,Cn y UJI C E `Oa Q M O n5 O E aM � O � O O C :a d > -Q yo r N y, N M Cco VO o EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor 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 Contractor 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 Contractor waive against each other and the County's separate Contractors, 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 Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, 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", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor 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 Contractor'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 Contractor 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 Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 072118 /�� Should at any time the Contractor 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 Contractor for such coverages purchased. If Contractor 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 Contractor under this Agreement or any other agreement between the County and Contractor. 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 Contractor 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 Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: Revised 072118 Collier County Solicitation 18-7305 Collier County Florida Insurance and Bonding Requirements Insu►nnce / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. Ail application for exemption can be obtained online at httus://apns.fldf's.coni/bocexenipt/ 2. ® Employer's Liability $ _1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current ISO $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. 2 Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall defend, indenmify 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 Contractor/Vendor/Consultant in the performance of this Agreement, 5. ® Automobile Liability $ _1,000,000Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired-, Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to (lie completion of the Services tinder this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 5/2/2018 2:43 PM 19 p. 14 Construction Services Agreement: Revised 0721180 0 a Collier County Solicitation 18-7305 7. ® Bid bond Shall be subnutted with proposal response in the form of certified fiords, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sunt equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Contnt ssioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract by Bonds Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by AM. Best Company, Inc. of 75 Fulton Street, New York, New York 10038, 9. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. I I. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier Cowtty. 12. ® Thirty (30) Days Cancellation Notice required. 4/18/18 - CC Contractor'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 pwq Joint Venture LLC Date June 8, 2018 Contractor Si nahrr ,� Print Name Kevin Markhardt, Vice President Insurance Agency VrC Insurance Group Agent Name Debbie Panzica Telephone Number 248-530-3222 20 502018 2:43 PM Construction Services Agreement: Revised 072118 P. 15 U 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 $ to be received, ("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 120 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (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, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) 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. Witness President Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: The foregoing instrument was acknowledged before me this day of 20 , by , as of known to me or has produced (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) [Corporate Seal] corporation, on behalf of the corporation. He/she is personally as identification and did (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: _ 21 Construction Services Agreement: Revised 072118 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Date: Bid No. Shall be signed by an authorized relyesentative of the Contractor. County's Division Name -Payment Professional's Name: Proiect No. -Design Si nature: Submitted by Contractor Representative: Name Pa ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Application Date: Contractor's Name & Address: Date: Payment Application No. Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage @10% through [Insert Date] $ Retainage @ 10% through [Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWN ER 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. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized relyesentative of the Contractor. to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: -Payment Professional's Name: -Design Si nature: Date: Pa ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Si nature: Date: 22 Construction Services Agreement: Revised 072118 0 O`t7 _ .......... __..__.. __ __. ....... - _._... !EXHIBIT D (Continued) SCHEDULE OF VALUES :Project Mme: Project Number. :Date: Period To: REM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _A TOTAL NUMBER VALUE MATERIALS GOMPLETEE COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS &STORED (reducedrate) WTHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS ' Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the, contract is complete unless a release or reduction of retainage issue cor. nt„ In If Chic hnnnenc all infnrroatinn .m to rhe data of the 01� rhange in retainage is Placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 23 Construction Services Agreement: Revised 072118 Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install 24 Construction Services Agreement: Revised 072118 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccspO1/SiteDirectory/ASD/Purchasing/Forms1/Forms/DefauIt.aspx Change Order Farm Contract#: Change#:= Purchase Order#: Projscts:� ContractodfiTm Mame: Project Name: Project Manager Name I I Department: Oriin,al Corr#racfilW`ork Cyder Amount original BCC Approvr3l Dale Agenda I.t.e r ...... Current BCC Approved Amourd . Last BCC ,Approval Date Age, a Item#_. Current ConiradNy ark Cider Amount SAP Corrlrart Expiration Dat (f ter) ......... Wlklilx Alsuntaf th. Ctrange .._ OEM! T I Charge fron-v Original Amount Revised Co ntra ' ork rXdw Total S 0.00 #LiIWW Change from Current BCC ApproaEd Amount' Currxrilahve Chan lies :,F.'CIVM!l Chance from C urf ent mo rd Completion Date, Description of the Task(s) Change, and Rationale for the Change DatNotice to Rya DTinalonviietaon Da= Date stApproved x ised slate a_t #of Days Added Select Tasks '',Addnewtask(s) C'Deletetask(s) Ca Changetask(s) OtheriseabesxJ Provide a response to the foi lowing: t.) detailed and specific explanationlrationale of the requested changes) to the tasks) and 7 of the additional days added (lif requested): 2.) why th i s chaNe was not included in the original contract: a nd, 1) describe the impact if this chansle is not processed. Altach ai ditional imformabon from the Design l?rofessienal are or Cortractor if rr:-MeTd. Pfepared by: Dale: Prost fat �� Name and Defsarfm�at} A=ePta'Me of this Charze Qrdar Owl couthirle a modification to contract f waork:ordar i TIffie.i above and will Le 51AOM to a#I the same terms and con t)#ior.s as contaroad in, ft comTacl 7 work eTdw indicated above, as fulty as tf the same were stated in fins ameptance. The adjustmera,ifary,totheContraoshall corstkneahilland firaalsetttlerrr_Mofany am- all cisimsof#teContrW r1'tendw'fGx su}tarttl Desi3rPrsrfessiaralarisingouloforrelated toftct<,ar esetfonhhoer . Inciudingclaimsforknp ar_ddelaycost's. Accepted by: Date:(CwmolortV ndort'CcrosuAani,;D654rProfe--siorwawlNameffPian,:refprojeciarpiicabis) Approved by: Date: (Des:^ p Professional and Name of Firm, if proof appfraFt�p Approved by: Dale: {Presc�a n�s4 PrssfEssi A—_ 25 Construction Services Agreement: Revised 072118 J EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: 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. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revised 072118 RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title NX OWNER accepts this Certificate of Substantial Completion on , 20 By: OWNER Type Name and Title 27 Construction Services Agreement: Revised 072118 90 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date Contractor: The following items have been secured by the for the Project known as ,20 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: 28 Construction Services Agreement: Revised 072118 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) 28 Construction Services Agreement: Revised 072118 EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 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. 29 Construction Services Agreement: Revised 072118 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. 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 30 Construction Services Agreement: Revised 072118 o -,r, limited to the hours of 7 a.m. to 7 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. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit 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 Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 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 31 Construction Services Agreement: Revised 072118 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement: Revised 072118 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 properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 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 Procurement Services Division 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. 33 Construction Services Agreement: Revised 072118 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 072118 C,9 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, SIGNED AND SEALED 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 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 35 Construction Services Agreement: Revised 072118 (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, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a) -(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Pubic Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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 36 Construction Services Agreement: Revised 072118 O 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 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 37 Construction Services Agreement: Revised 072118 Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. 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 procurement ordinance and policies 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, 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. 38 Construction Services Agreement: Revised 072118 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, the ContractorNendor/Consultant shall defend, 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. 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-3 to the Agreement. 39 Construction Services Agreement: Revised 072118 fid? Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 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. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E -Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. on- responsive. 40 Construction Services Agreement: Revised 072118 a Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 41 Construction Services Agreement: Revised 072118 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 42 Construction Services Agreement: Revised 072118 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonabletime 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 therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 Construction Services Agreement: Revised 072118 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. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 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 approve 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 material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction Services Agreement: Revised 072118 ®bJ 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 withoutwritten concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential 45 Construction Services Agreement: Revised 072118 costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work 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 46 Construction Services Agreement: Revised 072118 O J include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 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 Ovrner. 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 immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 47 Construction Services Agreement: Revised 072118 U 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and 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, 48 Construction Services Agreement: Revised 072118 E U 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; 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 49 Construction Services Agreement: Revised 072118 Qc 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 Transportation's 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 Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of 50 Construction Services Agreement: Revised 072118 0 the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, 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 performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement: Revised 072118 CA_� 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 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 52 Construction Services Agreement: Revised 072118 C'9 O 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations 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. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County 53 Construction Services Agreement: Revised 072118 under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSCa)-colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 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. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement: Revised 072118 3 O 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 Construction Services Agreement: Revised 072118 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS "Attached hereto, following this page" 56 Construction Services Agreement: Revised 072118 SUPPLEMENTARY TERMS AND CONDITIONS Contractor shall adhere to all conditions of approvals granted by Regulatory Agencies and coordinate with owner (permittee) to facilitate notifications and closeout activities. A complete copy of permits shall be kept at work site during construction phase and shall be available for review at work site upon request by regulatory agent. a. Contractor shall pay special interest to general conditions, special conditions, Stormwater Prevention Plan, and the Urban Stormwater management program stipulated in the South Florida Water Management District (SFWMD) Environmental Resource Modification (Permit) number 11-02003-P-13. Special conditions include but are not limited to, Cultural Resources/Historic Properties, performance-based erosion and sediment control best management practices, and establishment of a permanent elevation reference. Contractor shall be required to provide routine maintenance of stormwater system during construction. Contractor shall grade site and set building floor elevation and parking lot elevation as noted on plans and required by ERP. Contractor must set the permanent elevation reference identified in the special conditions of the ERP. If dewatering is required, Contractor must submit dewatering permit to SFWMD and obtain approval prior to dewatering. Forty Eight (48) hours prior to beginning authorized activities, the permittee shall submit to the Agency a fully executed "Construction Commencement Notice" and within 30 days after completing construction, the permittee shall provide "As -Built Certification and Request for Conversion to Operational Phase". Contractor shall coordinate with owner/permittee to meet requirements for notification and conversion to operational phase. See SFWMD ERP Modification permit No. 11-02003-P-13 approval included. b. Contractor shall pay interest to the stipulations and signage restrictions provided in the Collier County's Site Development Permit Insubstantial Change (SDPI) No. PL20160001486. See Collier County's SDPI approval letter included. c. Contractor shall pay special interest to the Traffic Control Plan, Commencement of Work, and the FDOT Special Instructions stipulated in the Florida Department of Transportation Utility Permit No. 2018-H-192-52. This permit pertains to the work for the Jack and Bore road crossing and subsequent connections to existing forcemain. The contractor shall provide MOT Technician's contact information to the FDOT two business days before construction. The contractor shall adhere to lane closure policies and restrictions addressed in the "FDOT Special Instructions" section of the Utility Permit. See FDOT's Utility Permit No. 2018-H-192-52 included. d. Contractor shall pay special interest to the permit conditions and specific permit conditions stipulated in the Florida Department of Environmental Protection's Permit for Construction of a Wastewater Collection/Transmission System, See FDEP's Notice of Acceptance Letter to construct a wastewater collection/transmission system; Permit Number: 52258-489-DWC/CM included. Construction activity pertaining to the installation of the new force main under US 41 by Jack and Bore is permitted only during dry season as defined from November through April. The force main installation by Jack and Bore shall commence upon first dry season. Startup/Testing period for proposed MPS 306 shall occur for a period of two months. The startup/testing shall be considered complete after the new pump station including pumps, pump controls, instrumentation, and ancillary electrical and diesel generator is successfully operated and monitored for a period of 2 months. After the two month startup/testing period, the contractor may proceed with the demolition of the existing MPS Supplementary Terms and Conditions REV. 04/26/18 S. Conditions -1 306 and completion of related force main connections with written approval from the EOR and OWNER. 4. The Progress 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 will be withheld until both items are received and accepted by the Owner and Engineer. 5. All hangars, supports and hardware are to be constructed of non -corrosive materials. 6. Qualification: a. All general contractors bidding this work shall be Florida -Certified General Contractors (CGC) as required by Chapter 489 of the Florida Statutes and Pollution Control Contractors (PCC). The Vendor, at time of bid submittal, shall possess, and maintain throughout the term of the contract period and any renewal periods, an employee holding a PCC license, and an employee holding an RQ license. 7. Submittal Procedures: Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. e. each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. f. with each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. 8. Engineer's Review of Shop Drawings: a. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. b. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly REV. 04/26/18 Supplementary Terms and Conditions S. Conditions -2 called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. c. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7f and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7. Substantial Completion shall be defined by the OWNER and will include the completion of the work as shown in the drawings and specified in the technical specifications to a stage where: a. The new pumping station including all pumps, pump controls, instrumentation, ancillary electrical and diesel generator are successfully installed, tested, inspected, and operational. All training is complete. Site restoration work at new pump stations has progressed sufficiently to allow safe access to allow OWNER occupancy for its intended purpose. b. All new piping and valve work is installed, successfully tested, inspected and approved for operation by the Owner. ROW restoration work has progressed sufficiently to eliminate health and safety issues, and safe passage of pedestrian and vehicular traffic. c. The OWNER has accepted and approved the Certificate of Substantial Completion for this project. d. The demolition and decommissioning of the existing MPS 306 along with related force main connections will not need to be completed for the project to be defined as substantially complete. This work will be completed for project final completion. Supplementary Terms and Conditions REV. 04/26/18 S. Conditions -3 SFWMD ERP PERMIT 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT NO. 11-02003-P-13 DATE ISSUED:August 16, 2017 PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: THOMAS CHMELIK 3339 TAMIAMI TRAIL SUITE 303 NAPLES, FL 34112 PROJECT DESCRIPTION: This Environmental Resource Permit Modification (Permit) authorizes construction and operation of a stormwater management system (SWMS) serving 0.96 acres of a project known as Collier County Master Pump Station 306. PROJECT LOCATION: PERMIT DURATION: COLLIER COUNTY, See Special Condition No:1. SEC 24 TWP 50S RGE 25E This is to notify you of the District's agency action for Permit Application No. 170628-21, dated June 28, 2017. This action is taken pursuant to the provisions of Chapter 373, Part IV, Florida Statues (F.S). Based on the information provided, District rules have been adhered to and an Environmental Resource Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 18 General Conditions (See Pages : 2 - 4 of 6), 3. the attached 12 Special Conditions (See Pages : 5 - 6 of 6) and 4. the attached 2 Exhibit(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT this written notice has been mailed or electronically transmitted to the Permittee (and the persons listed in the attached distribution list) this 16th day of August, 2017, in accordance with Section 120.60(3), F.S. Notice was also electronically posted on this date through a link on the home page of the District's website (m .sfwmd.11 gov/ePermitting). M lissa M. Rob s, P'' Regulatory Administrator Ft Myers Service Center Center Page 1 of 6 01 Application No.: 170628-21 Page 2 of 6 GENERAL CONDITIONS 1 • All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62- 330.315, Florida Administrative Code (F.A.C.). Any deviations that are not so authorized shall subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the "State of Florida Erosion and Sediment Control Designer and Reviewer Manual" (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the "Florida Stormwater Erosion and Sedimentation Control Inspector's Manual" (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), unless a project - specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice" indicating the expected start and completion dates. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6• Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex- "Construction Completion and Inspection Certification for Activities Associated With a Private Single - Family Dwelling Unit"[Form 62-330.310(3)]; or b. For all other activities- "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Applicant's Handbook Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that 0 Application No.: 170628-21 Page 3 of 6 GENERAL CONDITIONS require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other 0 Application No.: 170628-21 Page 4 of 6 GENERAL CONDITIONS uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. G Application No.: 170628-21 Page 5 of 6 SPECIAL CONDITIONS The construction phase of this permit shall expire on August 18, 2022. 2. Operation and maintenance of the stormwater management system shall be the responsibility of the permittee. 3. Discharge Facilities: Structure: WCS-1 1 - 3" dia. CIRCULAR ORIFICE with invert at elev. 6.0' NAVD 88. 36 LF of 15" dia. REINFORCED CONCRETE PIPE culvert. 1 - 3.33'W X 4.33'L Mod. FDOT Type "C" drop inlet with crest at elev. 7.6' NAVD 88. Receiving body: THOMASSON DRIVE STORM SEWER SYSTEM Control elev : 2.71 feet NAVD 88. 4 A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 5. Minimum building floor elevation: 8.00 feet NAVD 88. 6. Minimum parking lot elevation: 7.00 feet NAVD 88. 7. Prior to initiating construction activities associated with this Environmental Resource Permit (ERP), the permittee is required to hold a pre -construction meeting with field representatives, consultants, contractors, District Environmental Resource Compliance (ERC) staff, and any other local government entities as necessary. The purpose of the pre -construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties. To schedule a pre -construction meeting, please contact ERC staff from the Fort Myers Service Center at (239) 338-2929 or via e-mail at: pre-con@sfwmd.gov. When sending a request for a pre -construction meeting, please include the application number, permit number, and contact name and phone number. The permittee shall utilize the criteria contained in the Stormwater Pollution Prevention Plan (Exhibit 2.1) and on the applicable approved construction drawings for the duration of the project's construction activities. 9. The Urban Stormwater Management Plan shall be implemented in accordance with Exhibit 2.2. 10. The following are exhibits to this permit. Exhibits noted as incorporated by reference are available on the District's ePermitting website (http://my.sfwmd.gov/ePermitting) under this application number. Exhibit 1.0 Location Map Exhibit 2.0 Plans Exhibit 2.1 Stormwater Pollution Prevention Plan Exhibit 2.2 Urban Stormwater Management Program 11. This permit supersedes District Permit No. 11-02003-P-13 issued under Application No. 160916-17. G Application No.: 170628-21 Page 6 of 6 SPECIAL CONDITIONS 12. The exhibits and special conditions in this permit apply only to this application. They do not supersede or delete any requirements for other applications covered in Permit No.11-02003-P unless otherwise specified herein. r, O NOTICE OF RIGHTS As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla, Stat. Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision, If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand -delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m, on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. Rev. 11/08116 Cq � Filings by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. Filings by e-mail must be transmitted to the Office of the District Clerk at clerk(a)sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 81/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev. 11/08/16 erp_staff_report. rdf Last Date For Agency Action: October 8, 2017 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Collier County Master Pump Station 306 Permit No.: 11-02003-P-13 Application No.: 170628-21 Application Type: Environmental Resource (Construction/Operation Modification) Location: Collier County, S24/T50S/R25E Permittee : Collier County Board Of County Commissioners Operating Entity : Collier County Board Of County Commissioners Project Area: 0.96 acres Permit Area: 0.96 acres Project Land Use: Government Drainage Basin: WEST COLLIER Sub Basin: LELY CANAL Receiving Body: EXISTING CONVEYANCE FACILITIES Class: CLASS III Special Drainage District: NA Conservation Easement To District: No Sovereign Submerged Lands: No PROJECT SUMMARY: This Environmental Resource Permit Modification (Permit) authorizes construction and operation of a stormwater management system (SWMS) serving 0.96 acres of a project known as Collier County Master Pump Station 306. This permit is for construction of a new wastewater pump station building to house the mechanical pumps and electrical equipment with associated supporting facilities. Site plans and detailed sheets are attached as Exhibit 2.0. Issuance of this permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062, F.A.C. App.no.: 170628-21 Page 1 of 6 erp_staff_repo rt. rdf PROJECT EVALUATION: PROJECT SITE DESCRIPTION: The project site is located at the southeast corner of Thomasson Lane and Thomasson Drive in Naples, Collier County. Refer to Exhibit 1.0 for a location map. The 0.96 -acre project site was previously permitted under Permit No. 11-02003-P-13 (Application No. 160916-17). This modification proposes improvements that include increasing the depth of the dry retention area and lowering the minimum finished floor elevation. This application supersedes Permit No. 11-02003-P-13 issued under Application No. 160916-17. The existing site consists of fallow agricultural fields. There are no wetlands or other surface waters located within the project area or affected by this project. LAND USE: Construction Project: Total Project Building Coverage .14 acres Dry Retention Areas .07 acres Impervious .34 acres Pervious .41 acres Total: .96 WATER QUANTITY: Discharge Rate : As shown in the table below, the project discharge is within the allowable based on a minimum size bleeder. Discharge Storm Frequency: 25 YEAR -3 DAY Design Rainfall : 11.28 inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) ( ft, NAVD 88) SITE .26 Minimum Size Bleeder .26 7.32 Finished Floors : Building Storm Frequency: 100 YEAR -3 DAY Design Rainfall : 14.95 inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation ( ft, NAVD 88) (ft, NAVD 88) ( ft, NAVD 88) SITE 7.89 8 7 Parking Lot Design : App.no.: 170628-21 Page 2 of 6 9 erp_staff_report. rdf Parking Lot Storm Frequency : 10 YEAR -1 DAY Basin Peak Stage ( ft, NAVD 88) SITE Control Elevation Basin SITE Receiving Body : 6.92 Design Rainfall :7.1 inches Proposed Min.Parking Elev. ( ft, NAVD 88) 7 Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) (ft, NAVD 88) (ft, NAVD 88) Determination .76 2.71 2.71 Previously Permitted Basin Str.# Receiving Body Site WCS-1 THOMASSON DR. STORM SEWER SYSTEM Discharge Structures: Note: The units for all the elevation values of structures are ( ft, NAVD 88) Bleeders: Basin Str# Count Type Width Height Length Dia. Invert Invert Elev. Angle SITE WCS-1 1 Circular Orifice 3" 6 Culverts: Basin Str# Count Type Width Length Dia. SITE WCS-1 1 Reinforced Concrete Pipe 36' 15" Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. SITE WCS-1 1 Fdot Mod C Drop Inlet 3.33' 4.33' 7.6 WATER QUALITY: Water quality treatment will be provided in a 0.07 -acre dry retention area. The project provides the required 0.06 acre-feet of water quality retention volume based on 50 percent of 2.5 inches times the percentage of imperviousness. Pursuant to Appendix E of Environmental Resource Permit Applicant's Handbook Volume II, the water quality treatment volume provided includes an additional 50% treatment volume above the requirements in Section 4.2 of Volume II to provide reasonable assurance that the project will not have an adverse impact on the quality of the downstream receiving body. The project also includes implementation of a Stormwater Pollution Prevention Plan (Exhibit 2.1) and an Urban Stormwater Management Program (Exhibit 2.2) as additional reasonable assurance of compliance with water quality criteria during construction and operation. Basin Treatment Method Vol Req.d Vol (ac -ft) Prov'd SITE Treatment Dry Retention App.no.: 170628-21 Page 3 of 6 06 .1 erp_staff_report. rdf CERTIFICATION, OPERATION, AND MAINTENANCE: Pursuant to Chapter 62-330.310, F.A.C., Individual Permits will not be converted from the construction phase to the operation phase until construction completion certification of the project is submitted to and accepted by the District. This includes compliance with all permit conditions, except for any long term maintenance and monitoring requirements. It is suggested that the permittee retain the services of an appropriate professional registered in the State of Florida for periodic observation of construction of the project. For projects permitted with an operating entity that is different from the permittee, it should be noted that until the construction completion certification is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's Handbook Volume I and Section 62-330.310, F.A.C., the permittee is liable for operation and maintenance in compliance with the terms and conditions of this permit. In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all SWM systems and works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity. The efficiency of SWM systems, dams, impoundments, and most other project components will decrease over time without periodic maintenance. The operation and maintenance entity must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity will be responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4 of the Applicant's Handbook Volume I for Minimum Operation and Maintenance Standards. App.no.: 170628-21 Page 4 of 6 erp_staff_report. rdf RELATED CONCERNS: Water Use Permit Status: The applicant has indicated that public water supply will be used as a source for irrigation water for the project. The applicant has indicated that dewatering is not required for construction of this project. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation. CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Potable Water Supplier: City of Naples Utilities. Waste Water System/Supplier: Collier County Utilities Right -Of -Way Permit Status: A District Right -of -Way Permit is not required for this project. Historical/Archeological Resources: The District has received correspondence from the Florida Department of State, Division of Historical Resources, dated July 18, 2017, indicating that no significant archaeological or historical resources are recorded in the project area and the project is therefore unlikely to have an effect upon any such properties. This permit does not release the permittee from compliance with any other agencies' requirements in the event that historical and/or archaeological resources are found on the site. DEO/CZM Consistency Review: The issuance of this permit constitutes a finding of consistency with the Florida Coastal Management Program. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this application. App.no.: 170628-21 Page 5 of 6 r9 Q erp_staff_report. rdf STAFF REVIEW: DIVISION APPROVAL: NATURAL RESOURCE MANAGEMENT: �t-- Laura Layman SURFACE WATER MAN EMENT: Brian Rose, P.E. 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Ar °°gtt ° yy L ° g# g sx C U m _.. _..__.. .. _._... ...... ..... w.n<.-. :o nnnw ievi<un'teamsoo'mFSdOWMi5L3dA1NLIW0f1615° 40'aELIIA lHi3lVtldENli133NI0N340:3V(Mi 3lld J O (V Storm Water Pollution Prevention Plan SWP3 " I certify under penalty of law that this document and all attachments were prepared under my direction or super vision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. " Tom Chmelik (Collier County Utilities Director) 11/8/2016 Name (Operator and/or Responsible Authority) Date PROJECT NAME: Collier County Master Pump Station 306 Location Information: Southeast corner of Thomasson Lane and Thomasson Drive intersection, Naples, FL A site map must be developed and must contain at a minimum, the following information: (SEE CONSTRUCTION PLANS & DETAILS) 1. Drainage patterns. 2. Approximate slopes after major grading activities. 3. Areas of soil disturbance. 4. Outline all areas that are not to be disturbed. 5. Location of all major structural & non-structural controls. 6. The location of expected stabilization practices. 7. Wetlands and surface waters. 8. Locations where storm water may discharge to a surface water or MS4. (Municipal Separate Storm Sewer System) Exhibit 2.1 Application No. 170628-21 Page 1 of 7 Site Description: Describe the nature of the construction activity: The proposed project consists of the construction of a new Master Pump Station building and supporting infrastructure at the Southeast corner of Thomasson Lane and Thomasson Drive intersection. The proposed project area will be approximately 0. 96 acres, the proposed unoccupied building will be approximately 0. 14 acres, and will house the mechanical pumps and electrical equipment for the new sewage pumping station. Describe the intended sequence of major disturbing activities: 1. Install silt fence and catch basin protection barriers. 2. Excavate utility trenches. 3. Relocate underground utilities. 4. Back fill trenches, grade and sod or seed and mulch any and all disturbed earth areas. 5. Remove silt fence and sediment barriers. Total area of the site: 0.96 Acres Total area of the site to be disturbed: 0.96 Acres Existing data describing the soil or quality Existing soil types are Pineda fine sand, of any storm water discharge from the Riviera fine sand with a limestone site: substratum, and Boca fine sand. Estimate the drainage area size for each 1). 0.96 Acres discharge point: Latitude & Longitude of each discharge 1). Latitude: N 260 6' 32" point and identify the receiving water or Longitude: W 0810 45' 28" MS4 for each discharge point. Give a detailed description of all controls, Best Management Practices (BMP's) and measures that will be implemented at the construction site for each activity identified in the intended sequence of major soil disturbing activities section: All controls shall be consistent with performance standards for erosion and sediment control and storm water treatment set forth in s. 62-40.432, F.A.C., the applicable Storm Water or Environmental Resource Permitting requirements of the Department or a Water Management District and the guidelines contained in the Florida Development Manual: A Guide to Sound Land and Water Management (DEP, 1988) and any subsequent amendments. During all construction activities silt fences shall be installed to prevent contaminated run off from entering the public right of way (R-0- W) and Exhibit 2.1 Application No. 170628-21 Page 2 of 7 g properties. Storm drain inlet protection shall be provided in all existing and new inlets that may be affected by the runoff from the construction site. Describe all temporary and permanent stabilization practices. Stabilization practices include temporary seeding, mulching, permanent seeding, geo-textiles, sod stabilization, vegetative buffer strips, protection of trees, vegetative preservations. Etc. Disturbed areas shall be stabilized immediately after final Grade has been attained. Permanent structures, temporary or permanent vegetation, and mulch, or a combination of these measures, shall be employed as quickly as possible after the land is disturbed. Temporary vegetation and mulches can be utilized where it is not practical to establish permanent vegetation. Such temporary measures shall be employed immediately after rough grading is completed if a delay is anticipated in obtaining finished grade. Contractor shall stabilize roadways, parking areas, and paved areas with gravel sub- base in accordance with the construction plans as planned. Describe all structural controls to be implemented to divert storm water flow from exposed soils and structural practices to store flows, retain sediment on site or in any other way limit storm water run-off. These controls include silt fences, earth dikes, diversions, swales, sediment traps, check dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, reinforced soil retaining system gabions, coaaulatina agents and temporary or permanent sediment basins. All runoff will be directed away from the adjacent property and retained on site. Silt fence will be provided on site around the perimeter at a minimum. Existing storm drain inlets will be protected prior to start of construction. Proposed Storm drain inlets will be protected once installed. Describe all sediment basins to be implanted for areas that will disturb 10 or more acres at one time. The sediment basins (or an equivalent alternative) should be able to provide 3,600 FT3 of storage for each acre drained. Temporary sediment basins (or an eauivalent alternative) are recommended for drainage areas under 10 acres. N/A Describe all permanent storm water management controls such as, but not limited to, detention or retention systems or vegetated swales that will be installed during the construction process txnrnit z.1 Application No. 170628-21 Page 3 of 7 Silt fence will be provided on the site perimeter. The proposed treatment system for the Master Pump Station 306 project is a retention system. Describe in detail controls for the tollowing potentialpollutants; Waste disposal, this may include construction debris, chemicals, litter and sanitary wastes. Construction Debris.- All ebris: All construction debris will be placed into a dumpster and hauled away. No debris will be buried on site. Chemicals: Any chemicals used will be stored in a weatherproof container under lock & key. Material Safety data Sheets (MSDS) will be kept on site for proper disposal/neutralization in the event of a spill. In the event of a "Reportable Spill" the proper contacts will be notified as per the MSDS. Litter.• A receptacle will be on site and utilized for litter. A daily inspection of the site for litter will be performed to prevent litter from accumulating and/or blowing off-site as litter is a source of pollutant in itself. Sanitary Wastes: A State Licensed Certified sanitary waste hauler will be utilized for port -o johns used on the construction site. The waste containers will be pumped out weekly or on an as needed basis. Off-site vehicle Trackinq from construction site entrances/exits: No soils are anticipated to leave the site, however, to prevent soils from leaving the site a temporary construction entrance & exit is existing. In the event that soils are tracked onto a public roadway, the affected area will be swept as needed to prevent any unsafe driving conditions on public roadways. SEE PROJECTSITE PLAN & EROSION CONTROL PLAN FOR ADDITIONAL DETAILS. The proper application rates of all fertilizers, herbicides & pesticides used at the construction site. None proposed. Exhibit 2.1 Application No. 170628-21 Page 4 of 7 9� The storage, application, generation and migration of all toxic substances used at the construction site. Storage: No toxic substances are anticipated to be used at the site; however, any substance that is toxic shall be kept in a covered container under lock & key. The site supervisor will be responsible for the substances storage, usage and proper disposal methods of any left over product and/or the empty containers. Any substance used shall be according to the manufacturer's recommendations as described on the label. All substances shall be kept in its original labeled container. If any substance(s) must be transferred to a new container (due to leakage/breakage etc.) the new container will be sealed and labeled accordingly. I Other: Vehicle maintenance. Any maintenance done on heavy equipment shall be required to use a non - impervious material placed under the area to be worked on. The purpose of this is to catch any petroleum products from coming into contact with the ground soils and/or washing away into a surface water or MS4 during a rain event. All oils/greases shall be disposed of properly so as not to contaminate any areas on the construction site. Provide a detailed description of the maintenance plan for all structural & non-structural controls to assure that they remain in good and effective operating condition. Regular inspections will occur weekly and within 24 hours of the end of a storm event that is 0.5011or greater as required by Part V. D. 4 of the permit. In event that a BMP needs to be repaired or replaced, the maintenance will be performed within 24 hours. In no case shall the repair take more than 7 days. Inspections: Describe the inspection and the inspection documentation procedures, as required by Part V.D.4 of the permit. Inspections must occur at least once per week and within 24 hours of the end of a storm event that is 0.50" or greater. Inspections will occur at least once per week and within 24 hours of the end of a storm event that is 0.50"orgreater as required by Part V. D.4 of the permit. A qualified Inspector shall be retained during construction activities to inspect all points of possible discharge, storage of materials to rain, pollution control installations and stabilized construction entrances/exits. Detailed reports of inspections will be produced and filed at the construction site field office. Exhibit 2.1 Application No. 170628-21 Page 5 of 7 9® Identify and describe all sources of non -storm water discharges as allowed in Part IV.A.3. of the permit. Flows from fire fighting activities do not have to be listed or described. Water line flushing. Wash waters from vehicle washing. (no detergent or degreaser use permitted) Exhibit 2.1 Application No. 170628-21 Page 6 of 7 / This SWP3 must clearly identify, for each measure identified within the SWP3, the contractor(s) or subcontractor(s) that will implement each measure. All contractor(s) and subcontractor(s) identified in the SWP3 must sign the following certification: "I certify under penalty of law that I understand and shalt comply with, the terms and conditions of the State of Florida Generic Permit for Storm Water Discharge from Large and Small Construction Activities and this Storm Water Pollution Prevention Plan prepared there -under." Name: Title: Company Name, Address, & Phone Number. Date: (Type) Signature: (Type) Signature: Exhibit 2.1 Application No. 170628-21 Z Page 7 of 7P URBAN STORMWATER MANAGEMENT PROGRAM For Collier County Master Pump Station 306.00 November 2016 1.0 Introduction This document provides details of the Urban Stormwater Management Program for the Master Pump Station 306.00 project located in (Naples). This Plan discusses non-structural controls, intended to improve the quality of stormwater runoff by reducing the generation and accumulation of potential stormwater runoff contaminants at or near the respective sources for each constituent, along with significant structural components of the primary stormwater treatment system. Although many of the methodologies and procedures outlined in this document are general Best Management Practices (BMP's) which can be useful in attenuating pollutants in many types of urbanized settings, the implementation of these practices has been optimized, to the maximum extent possible, to reflect the unique character of the Master Pump Station 306.00 and the surrounding hydrologic features. Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance of the stormwater management and treatment system; and (5) construction activities. A discussion of each of these activities is given in the following sections. 2.0 Nutrient and Pesticide Management Nutrient and pesticide management consists of a series of practices designed to manage the use of fertilizers and pesticides so as to minimize loss of these compounds into stormwater runoff and the resulting water quality impacts on adjacent waterbodies. Implementation of a management plan will also maximize the effectiveness of the nutrients and pesticides that are applied. The Property owner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent contamination of surface waters. The guidelines included in this section are intended to help property owners make educated environmental choices regarding the maintenance of individual landscape projects. These maintenance and management guidelines are meant to promote an attractive landscaped projects that preserve the health of adjacent waterways and environmental features. 2.1 General Requirements Commercial applicators of chemical lawn products must register with Collier County annually and provide a copy of their current occupational license, proof of business liability insurance, and proof of compliance with applicable education and licensing requirements. Individual employees working under the direction of a licensed commercial applicator are exempt from the educational requirements. Only registered commercial applicators and property owners are permitted to apply chemicals within the property on a private lot. All chemical products must be used in accordance with the manufacturer's recommendations. The application of any chemical product within five (5) feet of I ny surface water including but not limited to ponds, lakes, drainage ditches or canals, is Exhibit 2.2 Application No. 170628-21 r Page 1 of 4 `-yr prohibited. The use of any chemical product in a manner that will allow airborne or waterborne entry of such products into surface water is prohibited. This rule shall not apply to the use of chemical agents, by certified lake management specialists, for the control of algae and vegetation within the stormwater management system. 2.2 Nutrient Management Program Management and application of nutrients and fertilizers in the MASTER PUMP STATION 306.00 project will adhere to the following guidelines: A. All fertilizers shall be stored in a dry storage area protected from rainfall and ponding. B. No fertilizer containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be applied to turf grass unless justified by a soil test. C. Fertilizer containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of a drainage facility. D. All fertilizer shall be applied such that spreading of fertilizer on all impervious surfaces is minimized. E. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label shall not be applied thorough an irrigation system within 10 feet of the edge of water or within 10 feet of a drainage facility. F. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label shall not be applied through high or medium mist application or directed spray application within 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3 Pest Management Program Proper maintenance of plants and turf areas will minimize the ability of pests to successfully attack landscaping. Several general guidelines follow: A. Apply fertilizer and water only when needed and in moderate amounts. Excessive amounts of either can cause rapid growth that is attractive to insects and disease. B. Mow St. Augustine grass to a height of 3-4 inches. If cut shorter, the plants may become stressed and more vulnerable to pest infestation. Each mowing should remove no more than one-third of the leaf blade, and those cuttings should remain on the lawn to decompose. C. It is recommended that pesticides, fungicides, and herbicides be used only in response to a specific problem and in the manner and amount recommended by the manufacturer to address the specific problem. Broad application of pesticides, fungicides and herbicides as a preventative measure is strongly discouraged. The use of pesticides, fungicides, or herbicides is limited to products that meet the following criteria: A. Must be consistent with the USDA-NRCS Soil Rating for Selecting Pesticides Exhibit 2.2 Application No. 170628-21 Page 2 of 4 ,�-� B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA -approved D. The half-life of products used shall not exceed seventy (70) days 3.0 Street Sweeping This practice involves sweeping and vacuuming the primary paved areas to remove dry weather accumulation of pollutants, especially particulate matter, before wash -off of these pollutants can occur during a storm event. This practice reduces the potential for pollution impacts on receiving waterbodies by removing particulate matter and associated chemical constituents. Although street cleaning operations are frequently conducted primarily for aesthetic purposes, the primary objective of the street sweeping program for the MASTER PUMP STATION 306.00 project is to improve the quality of stormwater runoff generated from impervious traffic areas. Street sweeping activities can be particularly effective during periods of high leaf fall by removing solid leaf material and the associated nutrient loadings from roadside areas where they could easily become transported within stormwater flow. Street sweeping operations may be performed in the MASTER PUMP STATION 306.00 project at a minimum frequency of one event every quarter. A licensed vendor using a vacuum -type sweeping device will perform all street sweeping activities. Sweeping activities during each event will include all primary street surfaces. Disposal of the collected solid residual will be the responsibility of the street sweeping vendor. 4.0 Solid Waste Management In general, solid waste management involves issues related to the management and handling of urban refuse, litter and leaves that will minimize the impact of these constituents as water pollutants. Maintenance of adequate sanitary facilities for temporarily storing refuse on private premises prior to collection is considered the responsibility of the individual property owner. 5.0 Stormwater Management and Treatment System The stormwater management system for the MASTER PUMP STATION 306.00 project is designed to maximize the attenuation of stormwater generated pollutants prior to discharge to the Thomasson Drive Stormwater collection system. Operational details and maintenance requirements of the various system components are given in the following sections. 5.1 Dry Retention Pre -Treatment Swales This project contains a dry retention area to the West of the Master Pump Station 306.00 building and paved areas that provide stormwater pre-treatment through a variety of physical, biological, and chemical processes. A dry retention swale retains a portion of the stormwater runoff (the "first flush"), allowing opportunities for treatment processes to occur, prior to percolation into the soils. Pollutant removal processes in dry retention systems occur during the quiescent period between storm events. Significant removal processes include gravity settling Exhibit 2.2 Application No. 170628-21 C Page 3 of4U of particulate matter; biological uptake of nutrients and other ions by plants and microorganisms; along with natural chemical complexation processes. Maintenance of the dry retention swales which will include regular mowing of grass area is essential as is annual inspection. During each annual inspection, the following items will be reviewed and corrected as necessary: A. Review the banks of the swales to ensure proper side slope stabilization and inspect for signs of excessive seepage that may indicate areas of excessive groundwater flow and possible subsurface channeling. B. Physically evaluate each of the swales for evidence of excessive sediment accumulation or erosion. At the completion of the inspections, a written inspection report will be prepared, listing any deficiencies that need to be addressed or corrected by the Property Owner/designee. 5.2 Stormwater Inlets, Pipes and Culverts The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for any accumulation of sediment, trash such as garbage bags, or debris in the culverts connecting these inlets. Flushing out with a high-pressure hose may clean some sediment. Any noted blockage (due to a possible obstruction, or broken pipe, etc.) should prompt further investigation. Crushed or corroded culverts should be replaced with new ones of the same size. 5.5 Outfall Structure (also called the Discharge Control Structure or Weir) The outfall structure should be routinely inspected to determine if any obstructions are present or repairs are needed. Trash or vegetation impeding water flow through the structure should be removed. The structure should have a "baffle" or trash collector to prevent flow blockage and also hold back any floating oils from moving downstream. Elevations and dimensions should be verified annually with all current permit information. Periodic inspections should then be regularly conducted to make sure these structures maintain the proper water levels and the ability to discharge. 5.6 Earthen Embankments (Dikes and Berms) Check for proper elevations, width and stabilization. Worn down berms - especially if used by all -terrain vehicles or equestrian traffic — and rainfall — created washouts should be immediately repaired, compacted and re -vegetated. Exhibit 2.2 Application No. 170628-21 Page 4 of 4 040 STAFF REPORT DISTRIBUTION LIST COLLIER COUNTY MASTER PUMP STATION 306 Application No: Permit No: 170628-21 11-02003-P-13 INTERNAL DISTRIBUTION X Kimberly C. McNeely X Pakorn Sutitarnnontr, P.E. X Laura Layman X Brian Rose, P.E. X A. Waterhouse, P.E. EXTERNAL DISTRIBUTION X Permittee -Collier County Board Of County Commissioners X Agent - Q Grady Minor And Associates P A GOVERNMENT AGENCIES X City Engineer, City of Naples X Div of Recreation and Park - District 4 - Chris Becker, FDEP OTHER INTERESTED PARTIES X Audubon of Florida - Charles Lee Collier County SDPI lr County GraMhl Management Depaftrnent Development Revievr Division July 11, 2017 Frank J Feeney Grady Minor 3800 Via Del Rey Bonita Springs, FL 34134 RE: Insubstantial Change No. PL20160001486 Master Pump Station 306.00 Dear Applicant: This is in response to your submittal of plans showing the construction of a new master pump station building and supporting infrastructure at the southeast corner of the Thomasson Lane and Thomasson Drive intersection. This office has reviewed the plans and has no objection to the changes shown unless noted under stipulations. STIPULATIONS: • Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. • Transportation Planning 5/15/17 Information Comment: Per Section 10.02.07 of the Land Development Code (LDC), Exemption B.2., the project is exempt from the Transportation Concurrency Management System as a public facility that is consistent with the Collier County Growth Management Plan. No further review for transportation concurrency (adequacy of roadway capacity) is required. • Transportation Planning 5/15/17 Information Comment: For the purpose of establishing ROW permit fees, the project is considered a small development (less than 600 vehicle trips per day). • Transportation Planning 5/15/17 Information Comment: Deviations for reduced throat length to access gates and waiver of compensating ROW for construction of the right -tum lane on Thomasson Dr. are approved in a separate memo dated 1/05/17. • Transportation Planning 5/15117 Stipulation: A maintenance of traffic (MOT) plan will be required with the ROW permit application. SIGNAGE RESTRICTIONS: • Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions, or color depicted on the site and/or architectural plans approved by this letter. Please contact Annis Moxam at (239) 252-5519 to coordinate possible addressing changes. "Be advised that this project has been reviewed by staff in accordance with the applicant's description of work as identified in the cover letter. The applicant bears full responsibility for identifying all proposed work, and building permits for any work shown changed on the plans but not identified in the cover letter may be reiected pending further staff review." Two (2) copies of the approved plans are being returned for your use. Please call me if you have any questions or need any additional information. Sincerely, Dew&Ameat �euiecu Dcucaia�c Mr.. = i t.. _ t = «,.. ;=o Growth Management Department Permit Issuance 2800 N. Horseshoe Dr. Naples, Florida 34104 PL20160001486 Date: 7/11/2017 239-252-2400 cc: Engineering Inspector Supervisor, w/attachment Customer Service, Addressing, w/attachment SDPI-PL20160001486, w/attachment Fire Code Official, w/attachment Utilities 9 FDOT Utility Permit Rule 14-46.001 F.A.C. Florida Department of Transportation Dec 14, 2016 Page 1 of 3 UTILITY PERMIT PERMIT NO: 2018-H-192-52 STATE ROAD INFORMATION County: Section: State Road No: Beginning Mile Post: Ending Mile Post: COLLIER 03010000 45 17.64 17.64 APPLICANT INFORMATION The Utility Agency Owner (UAO) shall be identified in this Applicant Information Box. When the UAO is a City or County and desires to have the Utility Builder make a joint permit applicant, as prescribed in Section 2.1(4) of the 2017 Utility Accommodation Manual (UAM), the Utility Builder shall also be identified in this Applicant Information Box. A Utility Builder alone cannot apply for a utility permit without the City or County adding them as a joint applicant. Utility Builder (only applicable when the UAO is a City or County) Name: N/A Contact Person: Address: N/A City: N/A State: N/A Zip: N/A Telephone: Email: WORK DESCRIPTION The Applicant(s) requests permission from the Florida Department of Transportation (FDOT) to construct, operate, and maintain the utilities as described below and as depicted in the incorporated documentation. Work includes the construction of 80 -feet of 24 -inch diameter PVC wastewater force main along the US -41 shoulder and 220 -feet of 24 -inch diameter PVC wastewater force main installed within a 42 -inch diameter steel casing via Jack -and -Bore in the FDOT ROW. Utility Work No: N/A Additional sheets are attached and are incorporated into this permit Yes ® No ❑ For FDEP certification, the FDOT agency report is attached in accordance with UAM Section 2.4.1 (13) Yes ❑ No 10 TRAFFIC CONTROL (TCP) ® The TCP will comply with the following 600 series index(es) 600, 611, 612, 613, 616, 660 ® A TCP has been attached and incorporated into this permit application in compliance with UAM Section 2.4.2 MOT Technician's contact information (may be supplied at the two (2) business day notification to FDOT): Name: Telephone Email: COMMENCEMENT OF WORK The UAO and/or Utility Builder shall commence actual construction in good faith within sixty (60) calendar days after approval of the permit application. If the beginning date is more than sixty (60) calendar days from the date of approval, the UAO and/or Utility Builder must review the permit with the FDOT Approving Engineer listed to make sure no changes have occurred to the transportation facility that would affect the permit's continued approval. The UAO and/or Utility Builder shall make good faith efforts to expedite the work and complete the work within the calendar days indicated. Anticipated Start Date: 4/1/2018 Calendar days needed to completed: 365 CAf) Utility A¢ency/Owner (UAO) Name: Collier County Public Utilities Engineering & Project Management Division Contact Person: Collier County Public Utilities Engineering & Project Management Division Address: 3339 Tamiami Trail East, Suite 303 City: Naples State: FLORIDA Zip: 34112 Telephone: (239) 252-1037 Email: UtilityPlanning@colliercountyfl.gov Utility Builder (only applicable when the UAO is a City or County) Name: N/A Contact Person: Address: N/A City: N/A State: N/A Zip: N/A Telephone: Email: WORK DESCRIPTION The Applicant(s) requests permission from the Florida Department of Transportation (FDOT) to construct, operate, and maintain the utilities as described below and as depicted in the incorporated documentation. Work includes the construction of 80 -feet of 24 -inch diameter PVC wastewater force main along the US -41 shoulder and 220 -feet of 24 -inch diameter PVC wastewater force main installed within a 42 -inch diameter steel casing via Jack -and -Bore in the FDOT ROW. Utility Work No: N/A Additional sheets are attached and are incorporated into this permit Yes ® No ❑ For FDEP certification, the FDOT agency report is attached in accordance with UAM Section 2.4.1 (13) Yes ❑ No 10 TRAFFIC CONTROL (TCP) ® The TCP will comply with the following 600 series index(es) 600, 611, 612, 613, 616, 660 ® A TCP has been attached and incorporated into this permit application in compliance with UAM Section 2.4.2 MOT Technician's contact information (may be supplied at the two (2) business day notification to FDOT): Name: Telephone Email: COMMENCEMENT OF WORK The UAO and/or Utility Builder shall commence actual construction in good faith within sixty (60) calendar days after approval of the permit application. If the beginning date is more than sixty (60) calendar days from the date of approval, the UAO and/or Utility Builder must review the permit with the FDOT Approving Engineer listed to make sure no changes have occurred to the transportation facility that would affect the permit's continued approval. The UAO and/or Utility Builder shall make good faith efforts to expedite the work and complete the work within the calendar days indicated. Anticipated Start Date: 4/1/2018 Calendar days needed to completed: 365 CAf) Rule 14-46.001 F.A.C. Florida Department of Transportation Dec 14, 2016 Page 2 of 3 UTILITY PERMIT PERMIT NO: 2018-H-192-52 APPLICANT SIGNATURE By the below signature(s) the UAO and/or Utility Builder agree(s) to construct, operate, and maintain the work as noted in the above Work Description, shown in plans and incorporated documents, in compliance with the UAM, all instructions noted in the FDOT Special Instructions Box, and special instructions incorporated into this permit. The UAO and/or Utility Builder declares, the location of all existing utilities that it owns or has an interest in, both aerial and underground, are accurately shown on the plans of the work areas. In accordance with UAM Section 2.8, the UAO and/or Utility Builder further declares that a letter of notification was delivered to the owners of other facilities within the work areas and that those listed below are the only facility owners known to be involved or potentially impacted by the proposed work. Date Notified: Name of other facility owners (attach additional sheets if necessary). 7/21/2014 Florida Power & Light 7/21/2014 Comcast 7/21/2014 TECO People's Gas 7/21/2014 CenturyLink Utility Agency/Owner I Utility Builder (when applicable) Signature: ERIC FEY (digital signature) Date: 2/16/2018 Signature: N/A Date: N/A Name (printed): ERIC FEY Name (printed): N/A Title: Senior Project Manager Title: N/A FDOT PROJECT INFORMATION Pursuant to UAM Section 2.1(10), the utility work is within FDOT projects listed below and must have a Utility Work Schedule for each project approved prior to commencement of work within the FDOT project limits: There are NO FDOT constructions (proposed or underway). This work is NOT related to an approved Utility Work Schedule. FDOT SPECIAL INSTRUCTIONS In accordance with UAM Section 2.7, FDOT incorporates the below and attached special instructions into this permit. 1. A copy of the permit and a set of plans shall be on the job site at all times. 2. Broadspectrum shall be notified a minimum of 48 hours prior to starting any work within the right-of-way. Phone (281) 740-2859, Fax (239) 300-4563. 3. Permittee must schedule a FDOT inspector to be on site at least 48 hours in advance before starting Jack -n -Bore or Directional Bore. 4. All asphalt and concrete roads, driveways and sidewalks will be directional bored. 5. Permittee will remove all locate flags when underground operations are complete. 6. All sidewalk closures must be approved in advance by the FDOT utilities office. 7. All lane closures must comply with the FDOT District I lane closure policy. 8. No lane closures SR 45 (US 41) between SR 951 and Airport -Pulling from: EB 6:00am — 9:00am, 1:30 pm — 7:00 pm WB 6:00am — 9:00am, 4:00pm — 7:00pm 9. All lane closures, mobile operations and traffic pacing operations shall be entered into the Lane Closure Information System (LCIS) by the respective contractor or permittee. Each request will be reviewed by the appropriate Department personnel for compliance with contract or permit requirements and coordination with adjacent projects or work activities. The lane closure request shall be submitted to the Department a minimum of 2 weeks prior (48 hours for Utility permits) to the proposed closure date and must be approved by the Department before work requiring the closure may begin within the FDOT Right of Way. http://Icis.dot.state.fl.us/ 10. All disturbed areas shall be restored to the same or better condition as prior to construction. 11. Sodding operations shall begin within one week after utility is installed, except in cases of front or back slopes which shall be done immediately. Any FDOT R/W that has a grass mat shall be resodded with like sod. 12. Any changes to this approved permit must be approved in advance by the FDOT utilities office. Rule 14-46.001 F.A.C. Page 3 of 3 PERMIT NO: 2018-H-192-52 Florida Department of Transportation UTILITY PERMIT PERMIT APPROVAL Dee 14, 2016 By signature below, FDOT gives permission to the UAO and /or Utility Builder to construct, operate, and maintain the utilities indicated in this Utility Permit in compliance with the UAM, all incorporated documents, and special instructions. Any changes to the approved work must be approved by the FDOT's Approving Engineer and attached and incorporated into this permit in accordance with UAM Section 2.11. Approving Engineer: Brian Deboy (digital signature) Date: 4/23/2018 Name: Brian Deboy Title: N/A Notification of Utility Work to be provide to Telephone (239) 985-7810 or Email: bradley.musser@dotstate.fl.us An FDOT Representative is required to be present on the worksite prior to commencement of work. Yes ❑ No Rep. Name: N/A Telephone N/A Email: N/A CERTIFICATION I, the undersigned UAO and/or Utility Builder, hereby CERTIFY that the utilities were constructed and inspected in compliance with the UAM all incorporated documents, and special instructions. Pursuant to UAM Section 2.11, all changes have been approved by the FDOT's Approving Engineer and incorporated into this permit along with all other material certifications, test results, bore logs, approved plans changes, as -built plans or other required documentation. I also CERTIFY that work began on MNMD/YYYY and was completed on MM/DD/YYYY and that the area was left in as good or better condition than when the work began. Utility Agency/Owner Utility Builder (when applicable) Signature: N/A Date N/A Signature: N/A Date N/A Name (printed): N/A Name (printed): N/A Title: N/A Title: N/A FINAL INSPECTION OF WORK ❑ The work was inspected and found to be in non-compliance as noted below: None ❑ All issues of non-compliance listed above have been brought into compliance and/or FDOT has no outstanding issues that need to be addressed by the UAO and/or Utility Builder. However, this final inspection does not release the UAO and/or Utility Builder of their continuing responsibilities pursuant to Rule 14-46.001, the UAM, all incorporated documents, and special instructions. FDOT Inspector: N/A Name: N/A Title: N/A Date: N/A 9 �� 6F W d A. z oC O J U. $g� O Q ggSo; W F <� o ,�; y O adl�w 93 RE! '^ Q Q O m �2D��r m gaC yiaM19 a i=ce Fib a{ W Crra po d d Y§ E� d Cf n W O 2615 LU gggg§ ggee=e xx J C/) O.0 C/) vo Sao' rnn ' a 2.0 � O /n po. 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Ili E =G C z < 6W Ail D) _� � - r mF m � > w �_ g � OR110 w is 7, gzq adz 5 W az «Jg'<� amail 'm > mW 34 a :, nd sG�' kg9 gS XS�€� gal }i Ea Y F5� S as F- R � f�a o H� � -sa�No D HIM J z ___ YdsgC $ ; ORH E x+ti , 33 3 ZRIS mac o Ee�e Yf9s _a$eg - $� LLLJ cs g _ €�Maw sem' ye<:L�ys 9es3`y $ s'•F m; ry 5i?� aF �ia gR � m; pad a o' £ 88 a9 t` S y,G� y II � bo p Ang m \ VUa1 ws Z �_�N E.SW� z .� � c c8 Q o- > A, 15 a 8 + _m rm .er ' 9i5$ n U m a .nrn uu.aoceminlalxno�lf31T07:d �3WN13lld '�e neo k £ lo oct"D m gym$ � € n6 n�q��g 0 6 0 if� gda 5 y4 is isa eke 9I9i ? tit aIa 919 it I I 6 9 It 61a 91� .............. .. ......... 0 eke 9I9i ? tit I I 6 9 i. .............. .. ......... is 0 0 ;la °tti'FYt iFj jai 0 45 ........... mo V7, 0 .—A ........... 0 ©m all all t—Vel 11 0 0 >- to < Z Z LD U) W CL Lu 0 Lu P LU co U) 0 < 2 0 LL 0 • UNLESS FDOT UTILITY OFFICE NOTIFIED 48 HOURS IN ADVANCE OF STARTING WORK PHONE: BRAD (239) 985-7810 VERIFICATION #: PERMIT MAY BE VOID IF IS NOT NOTIFIED AT LEAST 48 HOURS IN ADVANCE OF STARTING WORK SEE ATTACHMENT 0 FDEP Approval to Construct Wastewater Collection/ Transmission System o as o.r,h'Florida Department of 4 o Environmental Protection South District Post Office Box 2549 o �o��4 o Fort Myers, Florida 33902-2549 'alen t 11 ptQ SouthQstriLtodep.state.Aus VIA ELECTRONIC MAIL In the Matter of an Application for Permit by: Permittee: Collier County Tom Chmelik, P.E., Director of Planning and Project Management 3339 Tamiami Trail E., Suite 303 Naples, FL 34112 tomchmelik(a)�collier ov.net Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson Secretary Permit Number: 52258-489-DWC/CM Issued: September 28, 2016 Expires: September 27, 2021 Project: Wastewater Basin Analysis- Basin 306 Master Pump Station 306 Connected to: South County WRF County: Collier Enclosed is Permit Number 52258-489-DWC/CM to construct a sewage collection/transmission system pursuant to Chapter 403, Florida Statutes (FS) and Florida Administrative Code (F.A.C.) Rules 62-4 and 62-604. The Department's proposed agency action shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes, within 14 days of receipt of notice. The procedures for petitioning for a hearing are set forth below. A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions by the applicant or any of the persons listed below must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), Florida Statutes, must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within 14 days of receipt of notice shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, Florida Statutes. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, Florida Administrative Code. A petition that disputes the material facts on which the Department's action is based must contain the following information: Pagel of 3 v PERMITTEE: Collier County PERMIT NUMBER: 52258-489-DWC/CM (a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any; the Department permit identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Department action; (c) A statement of how each petitioner's substantial interests is affected by the Department action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A statement of facts that the petitioner contends warrant reversal or modification of the Department action; (f) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the Department to take. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation under Section 120.573, Florida Statutes, is not available for this proceeding. This permit action is final and effective on the date filed with the clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this permit will not be effective until further order of the Department. Any party to the permit has the right to seek judicial review of the permit action under Section 120.68, Florida Statutes, by the filing of a notice of appeal under Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when this permit action is filed with the clerk of the Department. Executed in Fort Myers, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jon M. Iglehart Director of District Management Page 2 of 3 ,c C PERMITTEE: Collier County PERMIT NUMBER: 52258-489-DWC/CM CERTIFICATE OF SERVICE The undersigned duly designated deputy agency clerk hereby certifies that this NOTICE OF PERMIT ISSUANCE and all copies were mailed before the close of business on September 28, 2016, to the listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk JMI/MM/OJO/ Copies furnished to: September 28, 2016 Date Dawn M. Jakiela, P.E. dawn. j akiela@aecom.com Beth Johnssen betlijohnssen@collier og v.net Page 3 of 3 L'� k1--Z Wt., h' In the Matter of an Application for Permit by: Florida Department of Environmental Protection South District Post Office Box 2549 Fort Myers, Florida 33902-2549 SouthDistrict@dep. state. A us Permittee: Collier County Tom Chmelik, P.E., Director of Planning and Project Management 3339 Tamiami Trail E, Suite 303 Naples, FL 34112 tomchmelikgcolliergov.net Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson Secretary Permit Number: 52258-489-DWC/CM Issued: September 28, 2016 Expires: September 27, 2021 Project: Wastewater Basin Analysis -Basin 306 Master Pump Station 306 Connected to: South County WRF County: Collier This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and Chapters 62-4 and 62-604, Florida Administrative Code (F.A.C). The above named permittee is hereby authorized to construct the facilities shown on the application and other documents on file with the Department and made a part hereof and specifically described as follows: DESCRIPTION OF PROJECT: The project consists primarily of the construction of a new inline booster wastewater pump station, MPS 306; installation of valve actuators at the existing MPS 302; construction of 950 LF of 20" PVC DR 25 force main between the existing MPS 306 and the new MPS 306; construction of force main connections to connect new piping at existing MPS 302, existing MPS 306, and the new MPS 306. This will allow MPS 302 to pump to the new MPS 306 and will involve the decommissioning and demolition of the existing MPS 306; gravity connection for the new MPS306 consisting of 210 LF of 8" PVC SDR 26 gravity sewer and 4 manholes, per application materials received August 16, 2016 with additional information last received on September 21, 2016. LOCATION OF PROJECT: Section 24, Township 50, Range 25 in Naples, Collier County, Florida. IN ACCORDANCE WITH: The limitations, requirements and other conditions set forth in this permit. PERMIT CONDITIONS: 1. This permit is subject to the general conditions of Rule 62-4.160, F.A.C., as applicable. This rule is available at the internet site: http://www.flrules.or .[62-4.160,5-1-03]. 2. Upon completion of construction of the collection/transmission system project, and before placing the facilities into operation for any purpose other than testing for leaks or testing equipment operation, the permittee shall submit to the Department's South District Office at SouthDistrict@dep.state.fl.us or at the letterhead address, Form 62-604.300(8)(b), Request for Approval to Place a Domestic Wastewater Collection/Transmission System into Operation. This form is available at the Department's Internet site at: http://www.dep.state.fl.us/water/wastewater/forms.htm [62-604.700(2),11-6-03]. Pagel of 3 C d U PERMITTEE: Collier County PERMIT NUMBER: 52258-489-DWC/CM 3. The new or modified collection/transmission facilities shall not be placed into service until the Department clears the project for use [62-604.700(3), 11-6-03]. 4. Permit revisions shall only be made in accordance with Rule 62-4.050(4)(s), F.A.C. Request for revisions shall be made to the Department in writing and shall include the appropriate fee. Revisions not covered under Rule 62-4.050(4)(s), F.A.C., shall require a new permit [62-604.600(8), 11-6-03]. Abnormal events shall be reported to the Department's South District Office in accordance with Rule 62- 604.550, F.A.C. For unauthorized spills of wastewater in excess of 1000 gallons per incident, or where information indicates that public health or the environment may be endangered, oral reports shall be provided to the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519 as soon as practical, but no later than 24 hours from the time the permittee or other designee becomes aware of the circumstances. Unauthorized releases or spills less than 1000 gallons per incident are to be reported orally to the Department's Marathon Branch Office at (305) 289-7070 within 24 hours from the time the permittee, or other designee becomes aware of the circumstances [62-604.550, 11-6-03]. 6. This permit is for CONSTRUCTION ONLY of the collection/transmission system project. This permit does not authorize the connection of this collection/transmission system project to the designated wastewater treatment plant. This permit shall not be construed to infer that the clearance necessary for connection shall be granted. SPECIFIC PERMIT CONDITIONS: 1. All new wastewater collection/transmission systems and modifications of existing systems shall be located at least 100 feet from a public drinking water supply well. 2. Except as provided in Section 62-604.400(3), F.A.C., sewer pipes/force mains should cross under water mains. 3. For sewer crossings, all crossings shall be arranged so that the sewer pipe joints are equidistant as far as possible from the water main joints. At crossings, all vacuum sewer joints must maintain a minimum distance of 3 feet from water main joints. All gravity or pressure type sanitary sewers and wastewater force main joints shall maintain a minimum distance of 6 feet from water main joints. 4. Except as provided under 62-604.400(3), F.A.C., all sewers and force mains shall be laid at least 10 feet horizontally (outside to outside) from a water main and 3 feet minimum (outside to outside) from a reclaimed water pipe permitted under Part III of Chapter 62-610, F.A.C. 5. A vertical separation of at least 18 inches must be maintained when a sewer pipe crosses a water main, except as provided under Section 62-604.400(3), F.A.C. 6. When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall do so in accordance with the applicable rules of Federal Asbestos Regulation and Florida DEP requirements. For specific requirements applicable to AC pipes, the permittee should contact the Department prior to commencing any such activities at (239) 344-5600. Please be aware that a notification is required to be submitted to the Department for a regulated project. Page 2 of 3 Gt to PERMITTEE: Collier County PERMIT NUMBER: 52258-489-DWC/CM 7. The Operation and maintenance of the collection system shall be in accordance with the requirements of section 62-604.500 F.A.C. Executed in Fort Myers, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION /- z._. E Jon M. Iglehart Director of District Management Page 3 of 3 u / ACODR o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/7/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER VTC Insurance Group Troy Office 1175 W. Long Lake Ste. 200 Troy MI 48098-4960 CONTACT Debra Panzica NAME: AJC NON o Ext: (248) 828-3377 FAX No: (248)828-3741 E-MAILdpanZlCa@vtC1riS.COm INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER AAmerisure Mutual Insurance Co. 23396 INSURED PWC Joint Venture, LLC 12649 Brittany Blvd Fort Myers, FL 33907 INSURER B :Llo d' s Of London INSURER C: INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:6/24/18-19 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE JNSD SUER POLICY NUMBER MPOLICY EFF /DD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A CLAIMS -MADE � OCCUR DAMAGE PREMISES (E. occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 X X,C,U X CPP2105463 6/24/2018 6/24/2019 PERSONAL &ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 X POLICY L�] PRO ❑ JECT LOC PRODUCTS - COMP/OPAGG $ 2,000,000 Employee Benefits I $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ A XANY AUTO ATOSCHEDULED AUUTOSS AUTOS X CA2101786 6/24/2018 6/24/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED X HIRED AUTOS FX AUTOS PIP -Basic $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 0 $ CU2101790 6/24/2018 6/24/2019 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 11000,000 A OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA WC2101789 6/24/2018 6/24/2019 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below B Contractor's Pollution j SPECO227 1/2/2018 1/2/2019 Per Occurrence $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Master Pump Station 306, Bid #18-7305. Where required by written contract, Collier County Board of County Commissioners is add'1 insured for General Liability (GL) as respects ongoing & completed operations on a primary & non-contributory basis for work performed by the named insured and add'1 insured with respects to Automobile liability. 30 days written notice of cancellation in favor of the certificate holder. CFRTIFICATF Hni DFR CANCELLATION Collier County Board of County Commissioners 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 ACORD 25 (2014/01) INS025 (201401) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alan Chandler/DPANZI laz�x? V 1Utftf-ZU14 AGUKLJ k UKt'UKA I IUIV. AU rlgnLs reserves. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Public Works Constructors, LLC Limited Liability Company, Additional Named Insured OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC PWC Joint Venture, LLC Policy #CPP2105463 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement amend the policy as follows: 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted, 2. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) less than 51 feet long; and (b) Not being used to carry persons or property for a charge: Exciusion g. Aircraft, Auto or Watercraft, paragraph (6) is added as follows: (6) An aircraft that you do not own that is. (a) Hired; (b) Rented; or (c) Loaned to you; with paid crew for a period of five (5) consecutive days or less, Paragraph (6) does not apply if the insured has any other insurance for "bodily injury or "property damage` liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other basis. 3. PREMISES ALIENATED A. Exclusion}. Damage to Property, paragraph (2) is deleted. B. The following paragraph is also deleted from Exclusion j. Damage to Property: Paragraph (2) of this exclusion does not apply if the premises are 'your work" and were never occupied, rented or held for rental by you_ 4. PROPERTY DAMAGE LIABILITY - ELEVATORS ANIS SIDETRACK AGREEMENTS A. Exclusion i. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators_ B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. S. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Exclusion j. Damage to Property, paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Includes copyrighted material of insurance Services Office, Inc. CG 70 49 1109 Page 1 of 10 B. With respect to any one borrowed equipment item, provision 5.A. above does not apply to "property damage" that exceeds 525,000 per occurrence or $25,000 annual aggregate. 6. PRODUCT RECALL EXPENSE A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" of 'your product". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your product'. which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance: 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your products)" that have no known or suspected defect solely because a known or suspected defect in another of 'your product(s)- has been found, B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products -completed operations hazard- and b. "Product recall expenses". 8. Subject to paragraph 5. above, $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. The insurance afforded by provisions 1. through 6. of this endorsement is excess over any valid and collectible insurance (including any deductible) available to the insured whether primary, excess or contingent, and SECTION IV., paragraph 4. Other Insurance is changed accordingly. 7. BLANKET CONTRACTUAL LIABILITY — RAILROADS When a written contract or written agreement requires Contractual Liability - Railroads, the definition of "insured contract" in Section V - definitions is replaced by the following with respect to operations performed for, or affecting, a railroad: 9. "insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a Pease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality: Includes copyrighted material of Insurance Services Office, Inc. Page 2of10 CG 70 49 11 09 e. An elevator maintenance agreement: f. That part of any other contract or agreement pertaining to your buSinC55 (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities_ 8. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY Under SECTION 1 - COVERAGE B., paragraph 2. Exclusions, paragraph et Contractual Liability is deleted. 9. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and replaced with the following; b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work, 10. BROADENED WHO IS AN INSURED SECTION If - WHO IS AN INSURED is deleted and replaced with the following: If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner, b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders, e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. Includes copyrighted material of insurance Services Office, Inc, CG 70 49 11 09 Page 3 of 10 2. Each of tate following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers." (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in provision 11. of this endorsement. Paragraphs (1)(a), (1)(b) and (1)(c) above do not apply to your "employees" who are; (i) Managers; (ii) Supervisors; (iii) Directors; or (iv) Officers; with respect to "bodily injury" to a co -"employee". (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," 'Volunteer workers". any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e" Your subsidiaries ik (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 10 CG 70 49 11 09 If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy, f. (1) Any person or organization, other than an architect, engineer or surveyor, required to be named as an additional insured in a "work contract", letter of intent or work order. However, such person or organization shall be an additional insured only with respect to covered "bodily injury," "property damage," and "personal and advertising injury" arising out of "your work" under that "work contract", letter of intent or work order, (2) We will provide additional insured coverage to such person or organization only; (a) for a period of 30 days after the effective date of the applicable "work contract", letter of intent or work order: or (b) until the end of the policy term in effect at the inception of the applicable "work contract", letter of intent or work order; whichever is earlier. (3) Coverage provided under this paragraph f. is excess over any otter valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the "work contract", letter of intent or work order requires this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. (4) This paragraph f. does not apply if form CG 70 48, Contractors Blanket Additional Insured Endorsement, is attached to the policy. g. Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. Any state or political subdivision but only as respects legal liab=city incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) "Bodily injury", "property damage", and "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard." i, Any person or organization who is the lessor of equipment leased to you to whom you are obligated by virtue of a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance. operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any "occurrence" that takes place after the equipment lease expires. ). Any architect. engineer, or surveyor engaged by you but only with respect to liability arising out of your premises or "your work." Includes copyrighted material of Insurance Services Office, Inc, GG 70 49 11 09 page 5 of 10 However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including; (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph j. does not apply if form CG 70 48. Contractors Blanket Additional Insured Endorsement, is attached to the policy. k. Any manager, owner, lessor, mortgagee, assignee or receiver of premises, including land leased to you, but only with respect to liability arising out of the ownership. maintenance or use of that part of the premises or land leased to you. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy that premises, or cease to lease the land; or (2) Structural alteration, new construction or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded until the end of the policy period, b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization_ d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you: c. Any physical or chemical change in "your product" made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products": f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of 'your product"; includes copyrighted material of Insurance Services Office, Inc. Page 6 of 10 CG 70 49 11 09 g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injury" or 'property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. orf„ or (2) Such inspections. adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization from which you have acquired "your products", or any ingredient, part, or container, entering into, accompanying or containing 'your products", No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 11. INCIDENTAL MALPRACTICE LIABILITY As respects provision 10., SECTION If - WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III - LIMITS OF INSURANCE, provisions 12. through 14. of this endorsement amend the policy as follows: 12. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 13. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD A. The requirement under SECTION I - COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident is changed to three years. B. SECTION III - LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTION III - LIMITS OF INSURANCE and is the greater of: 1. $10.000; or 2. The amount shown in the Declarations for Medical Expense Limit_ C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement. 14. DAMAGE TO PREMISES RENTED TO YOU —SPECIFIC PERILS A. The word fire is changed to "specific perils" where it appears in: 1. The last paragraph of SECTION I —COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. Excess Insurance. S. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a 'specific peril" or any combination of "specific perils,'" C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000.000: or Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 11 09 Page 7 of 10 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit, D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I - COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. provisions 15. through 17. of this endorsement amend the policy as follows.- 15. ollows: 15. KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a, is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a Bairn. Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, ..executive officers', directors, or managers has knowledge of the 'occurrence" or offense_ To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim_ f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release. shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance, 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy. you agree: a. The statements in the Declarations are accurate and complete: b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations: and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by the Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc_ Page 8 of 10 CG 70 49 11 09 17. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request. the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or of "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form, 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9, When We Do Not Renew is deleted and replaced with the following: 9, When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight, 20. DEFINITIONS 1. SECTION V — DEFINITIONS,. paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including "personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V— DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in 'your product" has resulted or will result in "bodily injury" or "property damage". "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for; a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles: c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons. other than your regular employees, to perform necessary tasks: Includes copyrighted material of Insurance Services Office, Inc, CG 70 49 11 09 Page 9 of 10 e, Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and g. Disposal of "your products" that cannot be reused, Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product, and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage". "Specific Perils" means fire; lightning, explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam, "Work contract" means a written agreement between you and one or more parties for work to be performed by you or on your behalf. includes copyrighted material of Insurance Services Office, Inc_ Page 10 of 10 CG 70 49 11 09