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Backup Documents 12/15/2009 Item #10E lOE MEMORANDUM Date: January 20, 2010 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10-5366: "Gateway Triangle Drainage Improvements Phase 2" Contractor: Stevens & Layton, Inc. Attached please find the original contract document, as referenced above, (Agenda Item #10E) approved by,the Board of County Commissioners on Tuesday, December 15, 2009. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. , , If you should have any questions, please contact me at 252-8411. Thank you. Attachments lOE Co~ County --~ Acin'1nislraliv Servires llvision Purch""ing ITEM NO.: to - P(LC.- otWU3 DATE RECEIVED: Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-8446 Y FAX: (230) 252-6697 ~ Email: brendabrilhart@collieraov.net O. /J? J www.collieraov.net \;o~ ~ / ~ ~U > ~ JlV vv~, ~ 1>'111 4 ) ) 1lh~Yb FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: December 28,.~_________. Scott Teach /' eE.L!\y..Cotn'ily Attorney '1YA...-t \ Iv> 1 \0 To: From: Brenda Brilhart, Purchasing Agent a~~~. Re: Contract #10-5366 "Gateway Triangle Drainage Improvements Phase 2" Contractor: Stevens & Layton, Inc. This contract was approved by the BCC on December 15, 2009; Agenda Item 10 E. BACKGROUND OF REQUEST: This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. ~'.\~... ~ /. \\ \\> II I; 10 \'\~\"~ GI AcquisitionsfTechF ormsandLettersJMemotoRequestLegalServices Revised: 4/16/109 Colt, County ~'".. - Administrative Services llvision Purch""ing Purchasing Department 1 3301 Tamiami Trail East 0 CO Naples, Florida 34112 C Telephone: (239) 252-8446 FAX: (239) 252-6697 Email: brendabrilhart@colliergov.net www.collieraov.net I TO: Jeff Walker/Ray Carter Risk Management Department FROM: Brenda Brilhart, Purchasing Agent Purchasing Department l~~~ DATE: December 28, 2009 RE: Review of Insurance for Contract No, 10-5366 "Gateway Triangle Drainage Improvements Phase 2" Contractor: Stevens & Layton, Inc. This Contract was approved by the BCC on December 15, 2009, Agenda Item 10 E. Please review the Bonds and Insurance Certificate in this Agreement for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would keep me advised on when this document has been forwarded to the County Attorney's Office. Thank you and if you have any further questions contact me at the following telephone number: 252-8446. C: Shane Cox, Project Manager DATE RECEIVED DEe 3 0 2009 RISK MANAGEMEN'r G/ AcquisitionsfT echFormsandLetters/MemotoRiskforlnsuranceReview Revised: 4/16/09 IDE 1 mausen 9 From: Sent: To: Cc: Subject: RaymondCarter Thursday, January 14,20109:48 AM BrilhartBrenda cox_s; mausen_g Contract 10-5366 "Gateway Triangle Drainage Improvements Phase 2" All, I have approved the certificate(s) of insurance as well as the payment and performance bonds provided by "Stevens & Layton, Inc." for contract 10-5366 which will now be forwarded to the county attorney's office for their review, Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 I RLS# I{}- 1/2.(', _ Of 'f'l31 0 E CHECKLIST FOR REVIEWING CONTRACTS Exp Date ~U.I W Exp Date ~ ~Yes Entity Name: S-rf..v ENoS AN!> '--Ay-r/!/IU, tNt:!.. Entity name correct on contract? Entity registered with FL Sec. of State? /Yes ...-'f es Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ .s M..t L Aggregate Provided $ ., Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:~ Required $~ ~Yes ~Yes Yes ~Yes Z "", l.- II Provided $ Provided $ Provided $ Provided $ Provided $ IMIL H 3D",tilDO Provided $ t "HL Provided $ Provided $ Provided $ Z. MNL \0, .' Provided $ Provided $ Provided $ .;lS"'O, tID 0 Exp Date 3/Z.' IIi) CO\lllty required to be named as additional insured? County named as additional insured? /Yes V Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? .../Yes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date ofbond Does dollar amount match contract? Agent registered in Florida? ~\~ ~Yes ./Yes ~Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? /Yes '/Yes \/Yes ---:.7' Yes \'l\~ ~Yes \/Yes \/Yes Attachments Are all required attachments included? /Yes No No No No \/No No Exp, Date 3. [-"1./10 Exp. Date '" Exp, Date " Exp. Date t 1 Exp. Date .., Exp Date 3{z.r" {IO t't {, 110 , I, I' Exp Date Exp Date Exp Date No Exp. Date Exp, Date _No No _No vNo _No _No _No _No _No _No _No _No No No ReVie~e~ Injtia]s:~ O"e, 1/1S'~ :lOll! 04,COA-oi 030 22 www.sunbiz.org - Department of State Page lIb E :j Home Contact Us E-Filing Services Document Searches Forms Help PrevJQY$9Jl List NextQn List Returl1 To List Entity Name Search I Submit I No Events No Name History Detail by Entity Name Florida Profit Corporation STEVENS AND LAYTON, INC. Filing Information Document Number 322086 FEI/EIN Number 591174602 Date Filed 10/17/1967 State FL Status ACTIVE Principal Address 11260 PALM BCH BLVD SUITE 1 FT. MYERS FL 33905 US Changed 01/29/1997 Mailing Address 11260 PALM BCH BLVD SUITE 1 FT. MYERS FL 33905 US Changed 01/29/1997 Registered Agent Name & Address DEAN, V. KEITH 19251 PERSIMMON RIDGE ROAD ALVA FL 33920 US Name Changed: 01/24/2006 Address Changed: 01/24/2006 Officer/Director Detail Name & Address Title P DEAN, V K 19251 PERSIMMON RIDGE RD ALVA FL Title V DEAN, STEPHANIE 19251 PERSIMMON RIDGE ROAD ALVA FL 33920 Title D http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?action=DETFlL&in~doc_number=322086...1/15/20 I 0 www.sunbiz.org - Department of State DEAN, V. KEITH 19251 PERSIMMON RIDGE ROAD ALVA FL 33920 Title D DEAN, STEPHANIE K 19251 PERSIMMON RIDGE RD ALVA FL 33920 Annual Reports Report Year Filed Date 2008 01/09/2008 2009 01/27/2009 2010 01/04/2010 Document Images 01/04/2010 -- ANNUAL REPORT I 01/27/2009 -- ANNUAL REPORT I 01/09/2008 -- ANNUAL REPORT [ 02/12/2007 -- ANNUAL REPORT [ 01/24/2006 -- ANNUAL REPORT [ 05/20/2005 -- ANNUAL REPORT [ 02/05/2004 -- ANNUAL REPORT I 01/24/2003 -- ANNUAL REPORT [ 03/12/2002 -- ANNUAL REPORT I 01/09/2001 -- ANNUAL REPORT I 02/08/2000 -- ANNUAL REPORT [ 02/20/1999 -- ANNUAL REPORT I 03/24/1998 -- ANNUAL R_EE'ORT [ 01/29/1997 -- ANNUAL REPORT [ 02/29/1996 -- ANNUAL REPORT [ 01/18/1995 -- ANNUAL REPORT [ View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF fprmat View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF fOrmat View image in PDF format View image in PDF format View image in PDF format View image in PDF format I Note: This is not official record. See documents if question or conflict. I Preyi.9,Y,~,QJT Li!it Next on List No Events No Name History Return To List J J I ] ] ] J I ] ] I ] I I J ] I Horne I CQntact us I Document Sei'wches I F-Filinq Services I Forms I Help I CODymll1t ill1(j Prwacy F'olicies CopYI'igllt ,:c) 2007 State of Floridd, Dep;:Htment of State. Page 2 of2 lO~ ~ 'i,t Entity Name Search I Submit I http://ccfcorp.dos.state,fl,us/scripts/cordet.exe?action=DETFIL&in<Ldoc_number=322086...1/15/20 1 0 lOr '-, TeachScott From: Sent: To: SUbject: cox_s .__ Thursday, Janu~4;"2lJfO 12:13 PM TeachSco FW: Co ract 10-5366 "Gateway Triangle Drainage Improvements Phase 2" ---,---~~ \vL~ Scott, as you can see we have a contract that will soon e your office... I have the usual requesLif there's a problem please let me know right away so I can fix iLand if you have a feel for when your group will be done with it and send it back to Purchasing, that would be good information for us too. Because of little delays that piled up over the year while we were designing, we're somewhat behind on getting the construction projects started, Need to break ground soon to give time to complete (as much as possible) before rainy season. Many thanks R. Shane Cox, P.E. Sr. Project Manager Road Maintenance / Storm water Management Collier County Government (239) 252-5792 From: RaymondCarter Sent: Thursday, January 14, 2010 9:48 AM To: BrilhartBrenda Cc: cox_s; mausen_g SUbject: Contract 10-5366 "Gateway Triangle Drainage Improvements Phase 2" All, I have approved the certificate(s) of insurance as well as the payment and performance bonds provided by "Stevens & Layton, Inc." for contract 10-5366 which will now be forwarded to the county attorney's office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 U;Jder rloridiJ [<I\V ('-Jlull adciresses are PUll!i;.; lp.uHds If you (io not W(l'~l yOU! e ITlCiil address releas(;d In rt:sp()II~~t: to d PUblic 1-(j(:Grds leqL'(;';: elU ,wi "i-~Ii(j dec!ronic n!ClII TO tlw,; '~rWy insteari contact H1IS office by reiepllO!"Ic ur in Wfl!lllq 1 IDE f cJt,. County ~.......,jj, AdminisIJaIive Services llvision Purchasing Gateway Triangle Drainage Improvements Phase 2 COLLIER COUNTY BID NO. 10-5366 COLLIER COUNTY, FLORIDA Design Professional: HDR, RWA &Stanley Collier County Stormwater Management Department (j Puid1asi1g 0epa1menl. 3301 Tanjami Trail East. Naples, Florida 34112' www.ooJiergov."etlpurcl1a~ng TABLE OF CONTENTS lOr A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by HDR, RWA &Stanley and identified as follows: Gateway Triangle Drainage Improvements Phase 2 as shown on Plan Sheets 1 through 58. EXHIBIT N: Contractor's List of Key Personnel IDE ~CmmtY ---- ~ ~ Ml iii lilobo:4ive Services llvision Porch_ng . PUBLIC NOTICE INVITATION TO BID Gateway Triangle Drainage Improvements Phase 2 COUNTY BID NO. 10-5366 Separate sealed bids for the construction of Drainage Improvements for the Gateway Triangle, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 16th day of November, 2009, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 29th day of October, 2009, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Gateway Triangle Drainage Improvements Phase 2, Bid No. 10-5366 and Bid Date of November 16, 2009". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-15) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.collierQov.netlbid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and GC-PN-1 (Revised July 2009) IDE '/if Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work (exception noted below) within three hundred (300) calendar days from and after the Commencement Date specified in the Notice to Proceed. Construction work on the Liberty Bank property (NW corner of intersection of Davis Blvd and Brookside Drive) to be started within 90 days after Notice To Proceed with construction but in no event later than June 1, 2010, and to be completed within 30 days after starting. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 18th day of October 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Isl Stephen Y. Carnell. C.P.M. Purchasing and General Services Director GC-PN-2 (Revised July 2009) IDE PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives, 1,3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-15 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be GC-IB-1 IDE enclosed in another sealed envelope addressed as above, Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond, Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. RiQht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons, GC-IB-2 IDE ~, Section 5. SiQnina of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5,2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5,3 If Bidder is an individual, his or her signature shall be inscribed, 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5,5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date, Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 lOE opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. / Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said GC-IB-4 lOE unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12,1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (Le. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S, GC-IB-5 lOE If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements, 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies, 12.5 Certificate of Authoritv to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted GC-IB-6 lOE with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13,1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of Countv Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permitlfee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section, 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15,2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means, GC-IB-7 lOE 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences; a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entitv Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-IB-8 lOE c&Cmmty .~--..... .- Acin'1nislraliv Services llvision Purchasing Email: BrendaBrilhartra>.collieraov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 ADDENDUM Memorandum Date: ~ October 21, 2009 From~ Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #1 -ITS # 10-5366 - Gateway Triangle Drainage Improvements Phase 2 The following clarifications are issued as Addendum #1 identifying the following changes for the referenced bid: The due date has been changed to November 17. 2009. The following additional files have been included in this addendum: 1. Gateway Triangle Stormwater Plan Set 2. Technical Specifications - Pump Station 3. Technical specifications -Stormwater 4, Qualification Requirements - Must be submitted with bid. 5. Standards for As-Builts If you require additional information please post a question on the eBid site or contact me (contact information above). c: Shane Cox, Project Manager Enc: 4 lOE BID NO. 00-0000 Minimum Reauirements: General Contractors with a minimum of five (5) years of construction experience are eligible to submit bids and must hold at the time of submitting the Bids, a valid Florida Certified General Contractor's License. 1) Must demonstrate experience and ability to coordinate and successfully complete complex multi disciplined projects comprising of the type of work described below and shown on the plans: a) Installation of new stormwater detention/distribution systems b) Repair and or relocation of existing underground utilities c) Structural excavation and backfill d) Replace or repair of asphalt roadways, sidewalks and curb / gutter. e) Installation of new structural slabs f) Single story vertical construction 2) General Contractor (Prime) shall provide references from a minimum of (4) completed projects, each valued at $2,000,000 or more. 3) General Contractor (Prime) Shall provide a completed Bidders Questionnaire Form. 4) Electrical (Sub) Contractor shall demonstrate experience with pump station construction, which included installation of main power, power distribution, backup power generation and necessary transfer switches, pumps, Programmable Logic Controllers (PLC), and Supervisory Control and Data Acquisition (SCADA) systems. 5) Electrical Contractor shall provide references from a minimum of (4) completed projects of at least $250,000 each. 6) Any subcontractor performing 10% ofthe work or more shall provide references from a minimum of (4) completed projects of at least $250,000 each. 7) Any subcontractor performing 25% ofthe work or more shall provide a completed Bidders Questionnaire Form. CUSTOMER REFERENCE LISTING Bidders shall furnish the names, addresses, and telephone numbers of a minimum of 4 firms or government organizations for which the Contractor has provided services in the last (5) years encompassing past work that meets the Minimum Requirements. Minimum Requirements & Customer Reference Listing lOE J , Please furnish the following information pertinent to past projects completed that will provide a reference in meeting the Minimum Requirement for this project. 1. Project Name Project location Brief description of work performed Contact Name: Address: Phone: Fax No.lE-Mail Owner or Agency Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Contractors' project manager and field superintendent Awarded contract amount and final contract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. Minimum Requirements & Customer Reference Listing IDE 2. Project Name Project location Brief description of work performed Contact Name: Address: Phone: Fax No.lE-Mail Owner or Agency Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Contractors' project manager and field superintendent Awarded contract amount and final contract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. Minimum Requirements & Customer Reference Listing lOE 3. Project Name Project location Brief description of work performed Contact Name: Address: Phone: Fax No.lE-Mail Owner or Agency Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Contractors' project manager and field superintendent Awarded contract amount and final contract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. Minimum Requirements & Customer Reference Listing lOE II 4, Project Name Project location Brief description of work performed Contact Name: Address: Phone: Fax No.lE-Mail Owner or Agency Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Contractors' project manager and field superintendent Awarded contract amount and final contract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. Minimum Requirements & Customer Reference Listing lOE THIS COMPLETED FORM SHALL BE SUBMITTED WITH THE BID BY THE PROPOSER AND ANY SUBCONTRACTOR THAT WILL PERFORM 25% OF THE WORK OR MORE, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE COUNTY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE COUNTY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified? License/Certification#/Registration# # Years 1A. What business are you in? 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete any work awarded to you? If so, where and why? 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4.1. Bidders Questionnaire Form IDE (name) (address) (phone #) 4,2. (name) (address) (phone #) 4.3. (name) (address) (phone #) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) NAME OF PROJECT OWNER & PHONE # TOTAL DATE OF CONTRACT COMPLETION VALUE PER CONTRACT %OF COMPLETION TO DATE (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. Bidders Questionnaire Fonn lOE 8, What equipment do you own that is available for the work? 9, What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? 11. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work (Attach Resume). 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of Bidders Questionnaire Form 1. ;0.. r' l. l~. . "". ~ ~ business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12,1 The correct name of the Bidder is 12,2 The business is a (Sole Proprietorship) (Partnership) (Corporation). 12,3 The address of principal place of business is 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers, Bidders Questionnaire Form lOE 12,6, List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. Bidders Questionnaire Form lOE 12,9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. 12.11. Under what conditions does the Bidder request Change Orders. 12.12 You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Bidders Questionnaire Form lOE WITNESS: IF PARTNERSHIP: Print Name of Firm Signature Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Attest: Secretary Bidders Questionnaire Form lOE ill! .."tf COLLIER COUNTY TRANSPORTATION SERVICES DIVISION STANDARD FOR DESIGN AND AS-BUILT ELECTRONIC DRAWINGS PURPOSE: To establish standards for electronic design drawings and as-built drawings for capital improvements within County road right-of-ways that allows efficient migration of the data to the County's geographic information system (GIS). INTRODUCTION: Microstation and AutoCAD are the accepted software for electronic drawings for design and as-built drawings because they offer statewide or national standards, including layering of information. The intent of the layering standard is to promote consistency between drawings, and maximize the reusability of drawing data. The effective use of layering standards also facilitates the efficient transfer of data to shared graphical information for display, editing and plotting purposes. LayerlLevel naming conventions must be followed for approval. 1: Standards Information: * For Microstation: Refer to the Florida Department of Transport (FOOT) standards for Microstation standards at: htto:l/www.dot.state.fl.us/ecso/downloads/oublicationslCriteriaHandBookl * For AntoCAD: Refer to the National Cad Standards (NCS) for AutoCAD files standards at: hllP:llwww.nationalcadstandard.orgfabout.oho for latest edition and layering guidelines. 2: Requirements: The deliverable must follow Map Projection, Horizontal and Vertical Datum requirements as below. · Map Projection: All projects, independent of approval date, must be submitted in the correct coordinate system - The Projected coordinate system is NAD _1983 _State Plane, Florida East FIPS 0901, US feet, Projection is Transverse Mercator and geographic coordinate system is GCS _North_American _1983. If any as-built is submitted in a different coordinate system, or no coordinate system, it will be rejected and deemed as an unapproved project by the Transportation Services Division. It will require further manipulation to meet the standards required for as-built electronic files before reaching approval and signed off status by the Transportation Services Division. * Horizontal Datum: D North American 1983. * Vertical Datum: North American Vertical Datum - NA VD 88. * Data Set Accuracy: Specifying one set of numeric accuracy values is not practical for all construction methods. Therefore, each set of drawings must specifY and attest to the accuracies being provided within the metadata. * Data Development Applications: Accepted software applications: Microstation V8 AutoCAD Land Development 2004 (or higher) or AutoCAD Civil 3D 2007 (or higher). * Data Delivery Media: Acceptable delivery media: CD (Compact Disk) DVD (Digital Video Disk) Unacceptable delivery media: Floppy disks and Zip disks. If data is submitted using floppy or zip disks, they will be returned as incomplete project submittals. ,.,., f1{:' '"".. 3: Drawing Composition: * All AutoCAD I Microstation drawings shall be purged of empty, unused, or non-essential drawing data prior to submittal to Collier County Transportation Services Division. This includes all unused layersllevel, linetypes, blocks, fonts and entities. * AutoCAD I Microstation drawings shall not contain any unused frozen layers / levels. All unused entities on frozen layers/levels should be erased, and the empty layers /levels purged. * AutoCAD I Microstation drawings shall not contain multiple overlaid lines or lines with multiple segments unless the overlaid lines or adjacent line segments are assigned to different layers. * Survey data shall be included in the AutoCAD/ Microstation drawings and placed on the appropriate layers. (Survey points must use the _ PNEZD comma delimited format). * Survey reference points and benchmark data must be clearly labeled with their coordinate values on the plan set. 4: Entity Properties: To ensure the integrity of the original drawing when viewing or printing, it is essential that AutoCAD I Microstation entities are created following these standards: · Entity colors shall be defined by layer / level, not by entity. · Blocks shall be defined (created) on layer I level 0 (zero). · All attributes shall be defined on layer I level 0 (zero). 5: Model Space (for Auto CAD) / Design Models (for Microstation) and Paper Space (for Auto CAD) /Sheet Models (for Microstation) Usage: These guidelines are suggested for using Model Space I Design Models and Paper Space ISheet Models effectively: · Place title blocks, schedules and general notes at full-scale in Paper Space I Sheet Models whenever possible. · Label scaled viewports with the appropriate scale in Model Space I Design Models. · Do not place or draw model-related blocks, tags and objects in Paper Space / Sheet Models. * Draw all Model Space / Design Models objects at full scale. · Scale objects using Paper Space / Sheet Models viewports - Zoom viewports to the appropriate scale. 6: External References - XREF' s: External References (XREPs) contained in AutoCAD drawings created outside of Collier County Transportation Services Division can result in content discrepancies in the delivered drawing set. In some cases XREF's may be permissible, however this arrangement musi be worked out in advance with Collier County Transportation Services Division. To ensure the integrity of the drawing set, and minimize potential problems: · AutoCAD drawings submitted to Collier County Transportation Services Division shall not contain any XREF's. · XREF's shall not be "bound" to drawings prior to delivery. · If drawings contain XREF's, they should be inserted as blocks prior to submittal to Collier County Transportation Services Division. Layers contained in XREF's inserted as blocks shall conform to Collier County Transportation Services Division standards, 7: AutoCAD Drawing Support Files: Drawings created using non-standard AutoCAD fonts, linetypes, and hatch patterns can result in content discrepancies in the delivered drawing set. To ensure the integrity ofthe drawing set, and minimize potential problems: · Only native AutoCAD or AutoCAD Land Desktop fonts, linetypes, and hatch patterns or the CAD Symbology provided by the National CAD Standards are allowed. · Custom fonts, Iinetypes, and hatch patterns, including those provided by 3rd party software, shall not be used. 2 IDE * Only these TrueType fonts shall be used: Arial, Courier New, Times New Roman. * Postscript fonts shall not be used, 8: File Transmittal: The content of electronic drawings provided by the contractor must match the delivered original hard copy set as closely as possible, ifnot exactly. To ensure the integrity of the electronic drawing set upon delivery to Collier County Transportation Services Division: * Ensure the drawings adhere to the guidelines presented in this document. Review the procedures for preparing drawings for submittal as detailed in the preceding paragraphs. * Include a hard copy index containing filenames and sheet numbers for each submittal. This ensures the completeness of the drawing set and assists in archival procedures. * Include a transmittal sheet with all submittals indicating Collier County Transportation Services Division project number, Collier County Transportation Services Division project name (if applicable) and complete listing of all materials submitted. * Include AutoCAD .PC2, .PCp or .CTB plot configuration. * Include all field survey data as indicated in Drawing Composition, Section 3 above. * Submit hard copies of original contractor "red line" plans and specifications. * All hard copies of civil and site plan must be sealed and signed bv a Licensed Survevor or Professional Engineer and clearlv marked, such as "90% Design", "As-built" etc. 9: The following documentation shall be delivered to Collier County Transportation Services Division at the following project milestones: * Design - SchematiclPreliminarvlWorking Drawings Collier County Transportation Services Division requires a complete set of Review Documents in AutoCAD on CD-ROM, in DWO format for Auto CAD I DON format for Microstation and in PDF hard copy format for review of conformance to these CAD Standards by Collier County Transportation Services Division. During the preliminary and design phases of the project, Collier County Transportation Services Division staff that review the design may use the DWO format, DON format and PDF format to provide design/conceptual comments/questions. * Pre-Construction CAD drawing files in DWO format for AutoCAD/ DON format for Microstation, as well as specifications in electronic (pDF) shall be submitted to the Collier County Transportation Services Division Project Manager on CD-ROM * Record Drawings contractors shall submit, on CD-ROM and hardcopy format, approved As-Built Documents to Collier County Transportation Services Division at the capital project acceptance meeting. The CD-ROM shall contain the as-built information on the project and is to include DWO format for AutoCAD / DON format for Microstation and PDF formats of the drawings in accordance with the Collier County Transportation Services Division CAD Standards, as well as electronic (pDF) specifications. 10: Digital File Index: Each project, when submitted, must be accompanied by a project file index. The index can be submitted in Word, Excel or WordPerfect formats. Each index should contain the following- 1. Organization/company name. 2. A contact name and position. 3. Street address. 4. City. 5. State or province. 6, PostaVZip code, 7. Country. 8. Phone number, 9. Fax number, 10. Email address. II. Technician's entry end date ofthe data/design. 3 lOE eo&Cmmty ~_...-..... MrinisInalive Services DMsion Purdlasing Email: BrendaBrilhart@collierclOv.net Telephone: (239) 252-8446 FAX: (239) 252-6697 ADDENDUM Memorandum Date: October 21, 2009 From@ Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #2 -ITB # 10-5366 - Gateway Triangle Drainage Improvements Phase 2 The following clarification is issued as Addendum #2 identifying the following change for the referenced bid: The following document is not applicable to this project and has been removed from this solicitation per this addendum: 1. Technical specifications -Stormwater If you require additional information please post a question on the eSid site or contact me (contact information above). c: Shane Cox, Project Manager lOE dlrCouHtY -~.- -- AdrrinislJalive Services llvision Purchasing Email: BrendaBrilhart@collieraov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 ADDENDUM Memorandum Date: October 27, 2009 From: @Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #3 - ITS # 10-5366 - Gateway Triangle Drainage Improvements Phase 2 The following clarification is issued as Addendum #3 identifying the following changes for the referenced bid: CHANGE: the attachment, Minimum Requirements qualification forms - either a General or Underaround Utilitv contractor is eligible to submit a bid on this project. ADD: One Programmable Logic Controller (PLC) and three Variable Frequency Drives (VFDs) are required for this project. Allen-Bradley is the recommended manufacturer of these devices - if a substitute is available, it can be recommended as an alternate on separate sheet of paper including detailed specs. Any alternatives suggested will be evaluated. If you require additional information please post a question on the eBid site or contact me (contact information above). c: Shane Cox, Project Manager 10.. .. It eo*," County ~,_. -- Aclni'islnilive Services Division Purchasing Email: BrendaBrilhart@collieroov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 ADDENDUM Memorandum Date: ~ From\y/ To: November 9, 2009 Brenda Brilhart, Purchasing Agent Interested Bidders Subject: Addendum #4 -ITB # 10-5366 - Gateway Triangle Drainage Improvements Phase 2 The following clarification is issued as Addendum #4 identifying the fOllowing changes for the referenced bid: ADD: FPL contact personlinformation: Dylan Monahan dvlan monahan@fol.com Cell: (239) 464-7478 or Robinson Zafra robinson zafra@fol.com Cell: (239) 464-7478 26430 Old US 41 Rd Bonita Springs, FL 34135 Office: (239) 947-7370 CHANGE: Bid Schedule ADD LINE ITEM: One Programmable Logic Controller (PLC) and three Variable Frequency Drives (VFDs) are required for this project - provide unit price from Allen-Bradley- if a substitute is recommended as an alternate, include this spec and price on separate sheet of paper. Any aiternatives suggested will be evaluated. CLARIFICATION: All questions regarding the specifications for intended work, must be requested on the e-bid system: www.collieroov.netlbid prior to close of business November 11, 2009 -- responses to questions will not be made after that day/time, IDE I~ 1, SECTION 26 2913-13- LOW-VOLTAGE VARIABLE FREQUENCY DRIVES Delete article 2.01 in its entirety, and insert the following in its place: 2.01 MANUFACTURERS A. Allen Bradley PowerFlex 700 Series, or approved equal. 2. Drawings: . E-02 - Coordination and delineation of work between Contractor and FP&L is detailed on Notes 1, 2, and 3 of Drawing E-02. . E-03 - The Utility Meter shown on Drawing E-03 shall meet FP&L requirements for CT metering as indicated on the attached FP&L Electric Service Standards Figure VI-3. 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OJ <D co en ""' OJ U '" , OJ "0 ..... c: U '" ..... ~ ..... iD ..... iD ..... co :0 Vi u V1 ~ c: , OJ u , '" , ..... , ..... , Ci c: '" '" V1 ~ Ci c: V1 V1 V1 V1 c: '" w OJ E ~ E ~ OJ E \9 E x E x E ~ "C ~ -" '" 0 w OJ is u OJ iD w OJ iD OJ 0 OJ 00 OJ <( > Z M "- ~ '" ~ is ..... "- ~ ..... ~ M ~ ..... ~ ~ m a: ..... N M M M UJ M !:i ..: ..: ..: ..: ..: ..: <( <;: <;: <;: <;: <;: <;: '" - o '" GEOTECHNICAL SERVICES GEOTECHNICAL EXPLORATION US 41 & COMMERCIAL DRIVE - DIRECTIONAL DRILL DA VIS BL Vb. & COMMERCIAL DRIVE - JACK-AND-BORE ,COLLIER COUNTY, FLORIDA Date: October 27, 2009 Prepared For: Stanley Consultants. Inc. 1641 Worthington Road, Suite 400 West Palm Beach, Florida 33409 Prepared By: Dunkelberger Engineering and Testing, Inc. 8260 Vico Court, Unit B Sarasota, Florida 34240 Dunkelberger Project No.: SAR-09-II04 lOr, ~' ~a~~-~~ . L8f#8ri<!' . P9i't SlIInl Lucie . SenisQta, ' , , . WGst~'Beech I I I I I Stanley Consultants, Inc. 1641 Worthington Road, Suite 400 West Palm Beach, Florida 33409 October 27. 2009 Project No.: SAR-09-1104 Attention: Mr. Bradley Roelll Operations Manager Subject: Geotechnical Exploration US 41 & Commercial Drive - Directional Drill Davis Blvd. & Commercial Drive - Jack and Bore Collier County, Florida Dear Mr. Roeth: In accordance with Dunkelberger Engineering & Testing. Inc. (Dunkelberger) Proposal No. SAR-09-1104, dated September 2. 2009, which was authorized by a subcontract agreement on October 14, 2009, we have completed a Geotechnical Exploration in connection with the above referenced project. Proiect and Site Considerations We understand that an 18-inch diameter HDPE water main is to be installed by the means of directional drilling beneath US 41 at its intersection with Commercial Drive, Additionally, a 30- inch dianleter HDPE water main with a 42-inch diameter steel casing is to be installed by the means of Jack-and-Bore beneath Davis Boulevard at its intersection with Commercial Drive. Both of the subject intersections are located within Collier County. Florida, I f the actual project considerations vary from our present understandings, then we should be advised to allow re-evaluation of the opinions, recommendations and conclusions presented in this report. Field Explorations The subsurface conditions of the site were explored with two Standard Penetration Test (SPT) borings. One boring was positioned at each of the subject intersections, The SPT borings were drilled to a depth of20 feet by a truck-mounted Central Mining Equipment Model 55 (CME 55) drill rig using mud rotary procedures and SPT methodology, per ASTM 0-1586, for the collection of soil samples, Representative portions of the recovered soil samples were collected in glass jars and transported to our laboratory for classification by a geotechnical engineer. State of Florida Board of Professional Engineers Aulhori2aHon No. 68,0 Toll-Free: (877) 643-6832 I , , I I I I I I I I I I I I I I IDE Commercial Drive - Directional Drilling & Jack and Bore Project No.: SAR-09-1104 Page 2 The groundwater level was measured in each SPT boring just prior to it being backfilled with cement grout. The locations of the borings are indicated on the attached Sheet I. Subsurface Conditions In general, the borings encountered loose to medium dense fine sand (SP), slightly silty fine sand (SP-SM), and clayey fine sand (SC) to depths of about 12 feet, and underlain by hard limestone to a borehole termination depth of 20 feet below the land surface (bls). The boring results, including soil stratigraphy and classifications, SPT blowcount data (N- Values), and groundwater levels are summarized as subsurface profiles on the altached Sheet I. This attachment should be consulted for details at any specific boring location. Groundwater Groundwater levels were measured during drilling and ranged from depths of3.5 to 3.7 feet bls. The groundwater measurements are influenced by the drilling process, and ambient weather conditions which have been seasonally dry. I f more accurate groundwater levels are required, consideration should be given to the installation of piezometers that could be monitored over a period of time and in conjunction with ground surface elevation data at the piezometer locations. ENGINEERING EVALUATrONSAND RECOMMENDATIONS The contractor should anticipate the following conditions during directional drilling and jack- and-bore operations: 1) Saturated loose sandy soils, which are prone to instability during directional drilling, 2) Extremely hard drilling at the depths where limestone was encountered. 3) Drilling fluid loss at a depth of about 15 feet bls. Soil Parameters The following soil parameters may be used for the planning of the directional drilling and jack- and-bore operations in the vicinity of the SPT Borings TB-l and TB-2. The parameters are presented by Stratum Number for design purposes, The depths of each stratum should be determined from the subsurface profiles shown on attached Sheet I. DUNKELBERGER I I I I I I , , I I I I I I I I I I I iDE Commercial Drive - Directional Drilling & Jack and Bore Project No.: SAR-09-1104 Page 3 Stratum uses SPT Total Submerged Friction Cohesion Coefficients No. Classification "N'" Weight Weight Angle (pst) Active Passive At-Rest (range) (pet) (pet) (phi) (Ka) (Kp) (Ko) I SP, 8P-SM 7-20 110 50 30 N/A 0.333 3.00 0.500 2 SC 12 115 55 29 N/A 0.347 2.88 0.515 3 Limestone 16-50+ 135 75 35 N/A 0.271 3.69 0.426 NI A - Not applicable LIMIT A TJONS OF STUDY Dunkelberger warrants that the findings, recommendations, specifications, or professional advice contained herein have been made in accordance with generally accepted professional geotechnical engineering practices in the local area. No other warranties are implied or expressed. The analysis and recommendations submitted in this report are based upon the data obtained from the soil borings performed at the locations indicated. If any subsoil variations become evident during the course of the project, a re-evaluation of the recommendations contained in this report will be necessary after we have had an opportunity to observe the characteristics of the conditions encountered. The applicability of the report should also be reviewed in the event significant changes occur in the design, nature or location of the assumed structures. This report has been prepared for the exclusive use of Stanley Consultants, Inc. for the specific application to the directional drilling beneath US 41 at the intersection of US 41 and Commercial Drive, and the jack and bore beneath Davis Boulevard at the intersection of Davis Boulevard and Commercial Drive in Collier County, Florida, DUNKELBERGER , I I t I , I I I I I I I I f I I I I Commercial Drive - Directional Drilling & Jack and Bore Project No.: SAR-09-1 104 _000_ IDE '. " Page 4 We appreciate the opportunity to be of service during this phase of the project. If you have any questions, please contact the undersigned at 941-379-0621. Sincerely, DUNKELBERGER ENGINEERING & TESTING, INC. j}tflff-~ Scott N. Parrish, P.E. Project Engineer Idh71o'f FL License No.: 69091 Attachments: Sheet I - Boring Location Plans & Subsurface Profiles DUNKELBERGER o 133~ NI Hld30 o "" "" III 1/1/1""1' N m I- J e ~""~ " ...~ J'I'8 ;:li~ ~, ~ :i1 ~ ~ J " eo ~~_ _~ __H", ';-'2~;'~'h ;." -.:-;,-:',;;;:,0.'.-- ". t"I "i~st~,::x" jt~ ~r~ ci z C) z ;r o m , I I , 1" I , o II II I'll o "" "" 133~ NI Hld30 ,-. w--l7: : .;; ;~ '.-.-:;'J ~ ,r- '~I ft. , ., 'l ~""'; 'Of_ f I ":-~.; , !J,II!{ . 1 .' -<>-~ o N , I o N U) w -' u: o. "'~ Q." w:" ~~ "-() !5", U) m ::> U) '" w w-' '" ~ci g 00 0 f~ ~ .u ~a:ll:: r: il'B ~~ IoF. i crw,O::.OI ::Icr ILl 9 ....s ~o ~u. _; ~ :;>. !!i,.:Mc - ""w ~ I!II!I_ eL @~0f1$~ ~ 0 <0 0011III <<. Z;t ffiO....Ol ~ :3_ 2'o::_E ll.(,,) :ELU...... a; zO: 0::;_. 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'- 01 ~. ~ ~~g~ "g~ ~~ !< 0 1!l5 . :1~~ ." <9 ~g> " ~ .~ ~ ~~ 0 Tj'g;ga 1r~ . . -~.c E 0_ 0 . ~&..~~ '0'" ci5:~ ,;; :0 5.2 e e e '" z :r: 8~ m lOE l . FPL. Electric Service Standards SUBJECT DATE 10-08-09 PREPARED g( SECTION: PAGE DistrjbuUon Construction Processes VI. METERING EQUIPMENT VI.9of16 FIGURE VI-3 CT Metering Configuration 7, 8, 9 - CT Cabinet Mounted on Wall 1. ITmledmo1ersockot"OYided..dlnslaIlO<lbycustomor: _1ph <Jt vSph/checkO,") 2 W.llI'C1tJ01ted c,,,r'enIIJ1lm;fomJa, (CTjcobll1e1 provldO<l 8Jld nSl8lied by customer. a, 1.112" m1n1ImJm rigid galvanized ronduit \Yi1l1 plJn sting IllSlaIIad (\'lith oo.llIngsj Of 1-112' mi.imum Schedule 80 PIle <ondoll with puN 51ring Instelled between meter ,ooke1 .nd currMllransfom..., oobinel "ovided...d 1.5ls11O<l by Q,lSIOfJ'l1Ell. r-.taxllTlum 2- $0 c$gr.ee flenda. Maximum alloWed dhl~ncQ from ~ckat fa ~blnells 40 feel. 4. l/tIlndoweTa provided by FPL and lnstailed In the CT cabfnet by the customer before pulling wire. Ensure CTs ...in5ta1led in thel:OlTed orienleUon (Indlcafor dot loIvard!he sourCe} 5 CustOf'!'l(!r'c candUdor(S) musll'Utl oonlinuQUQ through the lransf()m~~ eabiMl 6. Size and number of coodudors entering ~1I equal the size and number ofconducIDI8 &xIVng. 7. CondllilslCables must enter/exit opposing comers (ANM or 'BI!W:B) as Indicated below Within 10" of the cabirtet's cotner end lI1u<1 be "pJlI'O'/8d by FPL before InslOllailon, .$ Callgurat.loo 918 ~ coridult 1~'Vfta comblnatlQflS exceeding the IJmlts of ConflguWbn a the cabjnat 'WIll be f:ll9tOm designed and bLlllt to FPL spedflcatfoos by the cUs1qmer. Contact FPL Wore speclfyIng thIs con1lguratlon. 9. F(J(gen~ref ;m;leIollon end tmndIng details. refer 10 FIgure V1-4 'cT Cob;nele.d IT R.I.d Motor Soo!;ot lnstabatlo", and Bon<fi1'l9. MAXlMUlIl CONDUCTOR SIZE AND NU!dBfR Com Wires per pl1.... ize Alum MCM COn' MllXIMUM CONDLnT SIZE , AND NUMBER ' Co'n t n U uils ..... ,,"'.rln .,i!iIl1 .s;~ c;rc,,'f .<;C'-e,J"lr----- 8 9 p~ c,omer requirem s 3't~ 3 ~ '1 !:'~ Typlcel CusklmerCondulls and Conductllm Same Phase cond'uctor.J cannot be routed througlt the 5M1e conduit. (aond\lk>ls NOraUOW!lCl on 'Un." sid.) "BEl," ~ Overhead Services. are limited to 3 ooru1Uits lQFtM:llL "M" 3 FtMin. "aa"; 6ft Max. Customer Neutrals 5 FI Min 1-112' minimum rigid 9"""'nl.oo ""ndu~ ""d pull suing (willi bushings on!>olll ends), or 1-112' mInimum Schedule 00 PVC: conduit and puD string. "condlileis~ are NOT aito\ved. "M" IT Rated Meier Socket (BondO<lhy FPL) (}tad. @2009. Florida Power & light Company Page9of16 0&, '" .... .. . . -. ". .. ,.,"'...,',.','.....".~~ ~Se~ciMsi6n- ~rllg Date: October 29, 2009 BID #10-5366 IDE Attendance Sheet Non-Mandatory Pre-Bid Meeting Vendor Sign-in "Gateway Triangle Drainage Improvements Phase 2" PLEASE PRINT Name: "7J::Jo/J.c1 M,J)"-i:.I,</ Company: -:b'oN'# e5'5 /I/c. Address: J 7'f't:? sewc)"y"c! /lj/B Name:C~('I~ ~e...l..uA* Company: lit W"'~/t.. t l.V~Ti:-'.vI'\Tc:!~ Address: 5'17 I Coll-vl-rlJ U\(w \.v I 1= IV\. r \ eL. - City: ;- r'{\. State: ~\a... Zip:'S '3 '1oS- Telephone': 2- 3Cf - (p '1 ~ ' - S?- 7... ~ FAX: l.a f :5 r 1-"1 S \ Email: c.\---.\.S.~E~Te.1TT.Cc)r>.. City: }/.2/'I05 State: FL- Zip: 3/j!c:> / Telephone: 5'7/j-~;27/ FAX: .57 f- 7~/~ Email: ]) /l1Cl7i-;"; <fi2]jP,lJlJie55i/lc-Co/?'l ************************************************************ Name: "::3"",,,,,,,,:;, CDfe\",,,,,d Company: ---rho""fl$()~ P\l.AAf -t M~q Address: .'11.\"1\ 'D'\Ji~fO" briJe..... City: +=Or{, ~~HS State: f'l Zip: 33'1(iS Telephone: ("d.oq) 'Tr:J'1 -~ Co ~ FAX: @~7} ~'7r:t - rt9thlf Email: j <:..op<2-\Md ~{"'OMf~~Y\p0Mr' C()"" Name: 1DAlV tltljt-f1IL7Df-f Company: Elf(, '/lie, Address: 1360 MIlI'/E;rlrJ 'iX-v/J. City: )./tlPLGS State: FL Zip: 3VI/i) Telephone: 23"1 -zsy- Cf)'o FAX: 23'7 - 591- 0&'77 Email: 10JoN U ..E:I1C II-IC -vJEB,C6Y"1- G/AcquistionsfTech Formsandletters/Non-MandatoryPre-BidSigninSheet Revised: 3/20109 ~~- ~~~ ~tng Date: October 29, 2009 BID #10-5366 lOr Attendance Sheet Non-Mandatory Pre-Bid Meeting Vendor Sign-in "Gateway Triangle Drainage Improvements Phase 2" PLEASE PRIN'C"r-. () Name: -.,Jl,I.S-t.f\ DO~ Name: -:So-c... 6 '"'IhoW\-p ~6() Company: ..ph, !I.p'! ~ ~('d~ ( Address: fo Bh'>l Z--z..9f; r",e City: ~epAyr},dl~ ~t... State: I Zip: 33S'.:y:t Telephone: 8 t,'.!., -7~ ~ -I!$Z- FAX: 8J2.-78,5-31-r./6 Email: f/~st(""lh..h:..~ fd-nJ J .C6m Company: C"'fcl.',nGL.I Cant CC<,C..tIlCS , I..,c.. Address: 27.0 \ C IM-'l-\- \.I. Co t City: 0A.'fv..sot- '" State: 1= \ Zip: 3)Ei ~ ,? 4 Zn Telephone:(ClYl) ~77 - 8' ss 5 FAX: (9'-11) 377-85Y2 Email: .:11one.~ccuolit.lc...\<:.o.cc.W\ ************************************************************ Name:.Bo~ Ru~~ell Company: V ndrJc- +iOf\ Address: ;:0 City: ere. Grrl< I State: FL Zip: 33~ i \ Telephone: ).]."1- 574 - 4- 17 4- FAX: J.3i-S74-- 40qJ Email: g,b. bvv"""nY\@? eClrfhli"k.het / Name: ~ s... lJ '-f.~ Company: Q\..vJ\, Address: 0ld..o Cv;:;- u.. e:>c.v p~ ~'t---. S...:::k UQO City: }.J C( f'>laS State: VL- Zip: 'SY:l1& oq Telephone: 1--~\. ~ <i'l - DS '7~ FAX: Email: ..^^~S@c.o~s<-l+-l.l.A-O<.....cO.-.1...-... G/AcquistionsfTechFormsandLetters/Non-MandatoryPre_BidSigninSheet Revised: 3/20/09 c&"','.'."'" .~~- ~SeiVicieSDvisi6n Pu~rrig Date: October 29, 2009 BID #10-5366 IDE Attendance Sheet Non-Mandatory Pre-Bid Meeting Vendor Sign-in "Gateway Triangle Drainage Improvements Phase 2" --/ ~ PLEASE P R II)l.-T - c:. Name: l'-.- /l7~ (;) e Sell> 6 If Name: ~'51 e'~ ~ flu I ~ , Company: tn..tJ~j( II $~J UJ/'7f Company: Q (J{J-I (~II ftlft;r(Jf1(Ps' , I) -/) . t . 4~ Address: htJOI ~~ Address: 3Mtf /lAli-II/;If1/,,# /1;-. '"':--,)./0 City: VIr-p &t' State: FL zip:~t.jll ! Telephone: ~) fiQ") -1./66"" F~?f1) !?hi. ~?YhfJ Email: K.j;>eJoKla.c@.Jltrbk.ll (j:(~, OJJ1 City: /.J J4..{J J~ C; State: ,~ Zip: ,3'-//lf Telephone: '-/ ~ c::;- -i.;)..{}o FAX: If;:)'s'~ t:HJ?- Email: qSehLt{~~e-(IS:~/I"~ ************************************************************ Name: ~7~~,r- Company: ZJ,tu cr/ 66 /~S Address:9'4~ S :[..J~P4si City: A/.&-PC:/...J State: ,z:::~. Telephone: Zip: ?0dY f 77l/-j/ ,.70 77 y~ </.;,L?.-b FAX: Email: .bro.^ckL5(?d:..A:JJ./ /)...1.<::::........ ./ ]O{}t<J A J~MJ Name: Company: F~("CJf(J" We t-eoltJoo' 1/, Address: J rOI Pf'or Pee I I+ve , City: ))4 P leI State: 'FL Zip: r r 10 '-f Telephone: l r'7 - ]f () - 't 2-1 cr FAX: z.. 51 - to 'f 'l-lfr'1 'f Email: JaDe.....l.(.ad..~refr7uro.....Co.... G/AcquistionslTechFormsandletlers/Non-MandatoryPre-BidSigninSheet Revised: 3/20/09 ca" .. .. ,.',",.'..,'.'..'~~, ',"- -. .._~,....-.....- ~SefiJfciil9Dvisibn Pui'l:lia$irig' IDE Attendance Sheet Non-Mandatory Pre-Bid Meeting Vendor Sign-in Date: October 29, 2009 BID #10-5366 "Gateway Triangle Drainage Improvements Phase 2" n() PLEASE PRINT Name: Br-"<:l{ f"-,."Wi{o;o,^, 6a....c./...... Name: Company: Sh- {J "t?...1 fa..-,. -Is. Company: Address: 77:Jt?t? IliIl'E/tl/ltfw 4-~ h.tJ. Address: .)<//17 /tJ/ City: OCl.v11;f ;-'I1I,vb J City: State: pt... Zip: '3 f!-11f1. 2 $7 ~?'11-/Jl/ /T/oS' , State: Zip: Telephone: Telephone: FAX: 2 3'7~ 9t,t?~ /T-IS' J,;IfJ"'e?4W'1/f()I'J e;f"Y/I7.,?4lVP. ~ FAX: Email: Email: ************************************************************ Name: Name: Company: Company: Address: Address: City: City: State: Zip: State: Zip: Telephone: Telephone: FAX: FAX: Email: Email: G/AcquistionsffechFormsandLetters/Non-MandatoryPre-BidSignjnSheet Revised: 3/20109 sa " ..'..,..',",.,"~~ M1~~~~~~-~-- Purdi$i:iiilg IDE .1 Attendance Sheet Non-Mandatory Pre-Bid Meeting Vendor Sign-in Date: October 29, 2009 BID #10-5366 "Gateway Triangle Drainage Improvements Phase 2" Name: r:J dCI.Ae<) Company: )f<:.u<"1/I ~ iF ~OJo"\ /.-'" Address: //7./..0 /J../"", Ij.!ML. jJ/'/-I. .3~ PLEASE PRINT Name: Company: Address: F1.~ City: FJ f'10~ F--'j State: _ t-- Telephone: :Z]<;-- in J NLX, FAX: 2y=i 61) - ~616 Email:...fJ t!j) SAJ.~. flc-t- City: Zip: 3:1'7<.,')-< State: Zip: Telephone: FAX: Email: ************************************************************ Name: Name: Company: Company: Address: Address: City: City: State: Zip: State:' Zip: Telephone: Telephone: FAX: FAX: Email: Email: G/AcquistionsfTechFormsandletlers/Non-MandatoryPre-BidSigninSheet Revised: 3/20109 lOE ';1 c&~ ..- ~. - ~ServicesDMsion Pwo:I'i~i[l(l Attendance Sheet Non-Mandatory Pre-Bid Meeting Collier County Department Sign-in Date: October 29, 2009 BID #10-5366 "Gateway Triangle Drainage Improvements Phase 2" , ---" G/AcquistionsfTechFormsandLetters/Non-MandatoryPre-BidSigninSheet Revised: 3/20109 10E Coe,. CouHty ~... -..- AcIni1islrative Services Division Purchasing Email: BrendaBrilhart@collieroov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 ADDENDUM Memorandum Date: November 9, 2009 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #5 -ITS # 10-5366 - Gateway Triangle Drainage Improvements Phase 2 The following clarification is issued as Addendum #5 identifying the following changes for the referenced bid: The County, through its consultant, has already submitted an Application for General Dewatering Water Use Permit to the South Florida Water Management District (SFWMD) for their review and approval. Bidders shall include within their bid a cost for all labor, equipment and materials needed to implement the dewatering plan as well as daily turbidity and cholrides testing. Attached is the Application for General Dewatering Water Use Permit. If you require additional information please post a question on the eBid site or contact me (contact information above). c: Shane Cox, Project Manager Enc: Dewatering Water Use Permit 10E " APPLICATION FOR GENERAL DEWATERING WATER USE PERMIT GATEWAY TRIANGLE PHASE II SUBMITTED TO THE South Florida Water Management District BY COM ON BEHALF OF Collier County Department of Transportation March 2009 , ". Board of County Commissioners - Naples. Florida IDE Document Your document Date Deductions Gross amount 5100485149 PERMIT FEE 03/12/2009 0.00 500.00 Sum total 0.00 500.00 &D *- 45'00 (()S'S'o Y 5130::1 i I I I I <~1~ II"B03.5'13II" I:D!;?O'H? ~"ll: ~ ~ 3B 5"l 3.11" CDIVI lOE ~i' 12501 World Plaza. lane. Building 51 Fort Myers, florida 33907 tel: 239 938-9600 fax: 239 275-6755 March 24, 2009 Attn: Water Use Pennits South Florida Water Management District Lower West Coast Service Center 2301 McGregor Blvd. Fort Myers, Florida 33901 Re: Application for a General Dewatering Water Use Permit Gateway Triangle Phase II, Collier County, Florida To Whom It May Concern: Enclosed, please find the application for a General Dewatering Water Use Pennit for the above referenced project in Collier County. A permit, with a duration of 365 days, is requested so that an existing onsite stormwater lake can be expanded and stonnwater utilities installed, according to the Gateway Triangle Phase II site plan. The project site is located in Section 11, Township 50 South, and Range 25 East. The dewatering is to be conducted for stormwater utility installation and lake expansion. The maximum requested depth of excavation is -5 feet NGVD (-8 feet bls) and the maximum requested depth of dewatering is -5 feet NGVD (-8 feet bls). The requested maximum day and average day withdrawals amounts are 10 million gallons per .day (MGD) and 6 MGD respectively. . The Environmental Resource Permit (ERP) for the project site is permit no. 11-02563-P. The permit application forms, supporting documentation, and a check for the permit application fee of $500 are enclosed. Please let me know if you require any additional information to complete your review of the water use pennit application. Sincerely, ~b~ Brad D. Cook, P.G. Hydrogeologist Camp Dresser & McKee mc, , Enclosures cc. Mr. MarkJ. Sunyak, P.E., RWA P:\AW A\Galeway Trianlle Dewaterlng\l-WUP\ 1-0ewal Appl\2.0W_CovecLtr.doc consulting. engineerIng. construction. operations lOr SOUTH FLORIDA WATER MANAGEMENT DISTRICT .. MINING/DEWATERING PERMIT APPLICATION (RC-1A, RC-1W, RC-1G) For all DEWATERING Water Uses for Mining or Construction General and Specific Authority, Chapter 373, State statutes, 4OE-2 and 4OE-20 Florida Administrative Code and Basis of Review, Vol III, South Florida Water Management District A. GENERAL INFORMATION ' 1. Name of Owner, Responsible Entity, etc, Name: Collier County Board Of County Commissioners Project Name: Gateway Triangle Stormwater Improvements Phase II Address: 2885 Horseshoe Dr City: Naples County: Collier State: FL ZIP: 34104 Phone: (239) 252.,<1192 Cell Phone: Fax: E-mail: 2. Proof of Ownership Is required, In the form of a Deed, tax certificate, lease, or Articles of Incorporation ATTACH Proof of Ownership to this Form 3. Name of Engineer, Contractor or Other. Name: Brad D Cook Firm: CDM Address: 12501 World Plaza Lane, Building 51 City: Fort Myers County: Lee State: FL ZIP: 33907 Phone: (239) 938-9600 Cell Phone: Fax: (239}275.,<1755 4. Is this a New Permit 121 RenewaUModlflcation 0 Permit No.: 5. Will this Permit be a General Permit (short-term dewatering; Chapter 4O,E-20.302 F A.C ) 121 or an Individual Permit 0 6. , Has a Surface Water Management Permit or Environmental Resource Permit from the District been issued for this Project? Permit No.: 11-02563-P or has a Surface Water Management Permit or Environmental Resource Permit from the DIstrict been applied for? Application No.: ' 7. What are the: Total number of days for the Project: 365. Total Pumpage (gallons per day) for the Project: 6 MGD Maximum gpd pumpage 10 MGD 8. To process this Application, a'fee of $500 for a General and between $1,800.00 and $4,000.00 for an Individual Permitisrequlred (see Chapter40E-1.607, F.A.C.). ATTACH Application fee to this Form 9. Please Identify any Staff member you have discussed thIs Application with: Taryn Boomgaard '. B. LOCATION OF THE PROPERTY 1 . General Location of the Property/Project County: Collier City: Naples ,Section 11 Township 50S Ran~e 25E (or Land Grant Name ) 2. Please submit: Location Map, (8 12 x 11 ),showlng location of the project In relation to major roads, ATTACH Location Map to this Form 3. An aerial photograph of the entire project site is required, ATTACH an aerial photograph C. PROJECT DESCRIPTION (if more room is needed attach additional pages) 1, Describe the miningldewatering operation: See attached. 2. Describe the method of excavation: See attached. 3. What is the maximum elevation of excavation: --5 It NGVD 4. What Is the maximum elevation of dewatering: -5 It NGVD '. 5. Describe the areas that will be mined/dewatered. Indicate if there are several sections/phases: See attached. 6. Describe the method of dewatering (Pumps, wellpolnts, etc.): See attached. ATTACH Table A (for wells) andlor Table, B (for pumps) to this Form 7. Provide calculations to show how flow volumes were derived. What Is the Maximum day and Average day pumpage, in gallons per minute, for each section/phase. Fonn 0445 (08/03) PERMIT APPLICATION for DEWATERING Water Uses Page 1 of2 lOE ;. 'If .1'..., '. ATTACH Calculations (on a separate sheet) to this Form ..__.IkI....alUQ!. D. DEWATERING WATER DISCHARGE (If more room Is needed attach additional pages) 1. Describe and indicate for each sectionlphase, where dewetering water will be discharged or stored: Se attached. 2, Will all dewatering water be retained on site? No The Applicant must demonstrate If It is not feasible to retain water on-slte and provide Information as descrIbed In Section 2.5.2 (4) of the Basis of Review. ATTACH, if needed, feasibility report and all supporting information (Section 2.5.2 (4) B.O.R. 3.' Describe any methods that will be utUlzed (settling tanks, berms, turbidity screens, recharge trenches, etc.) In order to protect sensitive areas from dewatering discharge: See attached. 4, Identify all wetland or sensitive areas on or adjacent to the project or which may be Impacted by the project: See attached. 5. Note: It may be necessary to provide modeling to provide reasonable assurances that there are no harm to wetland areas due to the proiect's withdrawals or discharges, E. POLLUTION AND CONTAMINATION 1. Describe and locate all sources of contamination or pollution and the location of the nearest saline water. See attached. Note: It may be necessary to provide modeling to provide reasonable assurances that there are no adverse Impacts due to the proposed withdrawals or dIscharges. F, SITE PLANS AND PHASE iNVENTORY 1, Provide a Plan View: The Plan view should show the site In relation to adjacent roads/canals/open water, property boundaries, sections/phases to be dewatered, discharge areas, wells, wellpoint systems, pumps, areas of discharge, contamination areas, retention or settling tanks, etc. and all wetland or sensitive areas as well as protective devices such 8S berms, turbidity screens, recharge trenches, etc. and the location of any monitoring points or wells, etc, 2, Provide a Profile View: The Profile view should show cross-sections across the areas to be dewatered and IndIcate the maximum depth of excavatIon, maximum depth of dewatering, water table elevation, land surface elevation, berm elevation, recharge trenches and wetland areas. 3. If more than one phase of dewatering is proposed, provide, in a spread sheet format, an Inventory of Dewatering Phases. The Inventory should Include the phase, start date, number of days for dewatering, maximum day gpm, average dey gpm and total pumpage for the phase, ATTACH Plan View, Profile View and Phase Inventory (if needed) to this Form , . G. ATTACHMENTS 1. Plaase make sura you have included the following attachmenls with your Application: ~ Proof of Ownership ~ Location Map ~ Plan View ~ Profile View o Table A for wells ~ Table B for pumps ~ Pumpage Calculations 0 ,Phase Inventory (If necessary) 181 Application Fee (see Form XXXX) I8l Aerial Photograph 181 Feasibility report and supporting information for off-site discharge (if needed) F. CERTIFICATION , hereby certify that, to the best of my knowledge, the total project acreage listed above is owned or controlled by me and encompasses the project referenced In this permit application. In addition, I agree to provide entry to the project site for South Florida Water Management Inspectors with proper Identification or documents as required by law for the purpose of making analyses of the site. Further, I agree to provide entry to the project site for such Inspectors to monitor permitted work If a permit Is granted. If this application Is not complete within 240 days, It may be denied pursuant to Rule 40E-1.603, Florida Administrative Code. l<o~rj-s;'. Cex J>I! Print: Name of Owner or Authorized Agent ~~-~ Signature , ~ Tille f...,,;.r- p,.oj..c+- Mp.....":j~ ('" CoO,;'" c:, Cvr. Date ~/'io~ Form 0445 (08/03) PERMIT APPLICATION for DEWATERING Water Uses Page2of2 , . 10E SECTION A. GENERAL INFORMATION Gateway Triangle Stormwater Improvements Phase II activities are proposed for the project site located in the Gateway Triangle in South Naples, Collier County, just south of Davis Boulevard and north of East Tamiami Trail (US 41). The development consists of mostly commercial property and a residential neighborhood. A General Dewatering Permit for Phase II stormwater improvements is requested for the expansion of an existing stormwater pond and installation of stormwater utilities within the Gateway Triangle. The requested maximum daily withdrawal amount is anticipated to be 10 million gallons per day (MGD) and the average daily withdrawal amount is anticipated to be 6 MGD. The owner of the project site is Collier County. An Environmental Resource Permit (ERP) exists for the Gateway Triangle Stormwater Improvements Phase II (Permit No. 11-02563-P). A check for the permit application fee of $ 500.00 is enclosed. SECTION B. LOCATION OF THE PROPERTY 1. General location of the PropertyjProject. Gateway Triangle Stormwater Improvements Phase II is located in the Gateway Triangle in South Naples, Collier County, just south of Davis Boulevard and north of East Tamiami Trail (US 41). The project site is located in Section 11, Township 50 South, Range 25 East. 2. Submit location map showing location of the project in relation to major roads. A map showing the location of the project site in relation to major roads in Collier County is enclosed as Item B-2. 3. An aerial photograph of the entire project site is required. An aerial photograph of the project site is enclosed as Item B-3. SECTION Co PROTECT DESCRIPTION 1. Describe the mining/dewatering operation: Track mounted backhoes and/or pans will be used to excavate the lakes and trenches at the project site. Dewatering will occur from trenches constructed for the installation of utilities that are below the water table. All dewatering discharges will be routed to the existing stormwater pond and overflow to tide after being treated for turbidity by use of booms, hay bales, flocculent logs, etc. It is anticipated that water levels will be lowered to -5 feet NGVD (-8 feet bls) at the site due to the proposed dewatering activities. 10E 2, Describe the method of exccwation: Excavation will be conducted via backhoe excavator and/or pan removal. 3. What is the maximum elevation of excavation: The maximum depth of excavation is anticipated to be -8 feet below land surface, or approximately -5 feet NGVD. 4. What is the maximum elevation of dewatering: The maximum depth of dewatering is anticipated to be -8 feet below land surface, and land surface elevation is approximately 3 feet NGVD. The elevation of the maximum depth of dewatering is -5 feet NGVD. 5. Describe the areas that will be mined/dewatered. Indicate if there are several sections/phases. Dewatering will be needed during expansion of the existing stormwater retention pond and stormwater utility installation. Two samples collected December 2008 from the stormwater retention pond indicated chlorides of -5,000 m/iL. The water quality of the stormwater retention pond may be impacted by tidal influence due to defective TideFlex valves located downstream of the pond overflow structures. However, the water table aquifer in the vicinity of the pond is anticipated to be saline as well due to its close proximity to the coast. Early samples of the dewatering discharge will be analyzed for chlorides to determine if the water table contains chloride values greater than 250 m/iL. The results of the analyses will be forwarded to the SFWMD staff upon receipt. 6. Describe the method of dewatering: Pumps will be used in utility trenches to lower the water-table during dewatering activities. An example of the type of pumps that may be used for dewatering is included in Table B. Water will be discharged to the existing stormwater retention pond through the existing stormwater infrastructure and treated for turbidity prior to discharge to tide. Figure C-24 enclosed depicts the aerial extent of the pond expansion. Figure C-26 enclosed depicts the stormwater retention pond and typical trench profile as well as the profile for trench restoration. 7. Pravide calculations to show how flow volumes were derived. What is the Maximum day and Average day pumpage, in gallons per minute, for each section/phase. The requested maximum daily withdrawal amount is 10 MGD and the average day withdrawal amount is anticipated to be 6 MGD. The withdrawal amounts were determined based on the capacity of the dewatering pumps and previous experience with similar projects in the area. lOE ;0,,' SECTION D. DEWATERING WATER DISCHARGE 1. Describe and indicate for each section/phase, where dewatering water will be discharged or stored: Water will be discharged to the existing stormwater retention pond through the proposed and existing stormwater infrastructure and treated for turbidity prior to discharge to tide (see item D-l). Dewatering activities will begin with the stormwater retentiop pond expansions and then extend upstream to the final utility pipe installation. Dewatering discharge for utility installation will be discharged to existing stormwater piping that will convey the discharge to the stormwater retention pond. 2. INill dewatering water be retained on site: No. See response to 1 above. 3. Describe any methods that will be utilized (settling tanks, berms, turbidity screens, recharge trenches, etc.) in order to protect sensitive areas from dewatering discharge: Water will be discharged to the existing stormwater retention pond through the proposed and existing stormwater infrastructure and treated for turbidity prior to discharge to tide. Booms, flocculent logs, and hay bales will be used to screen out most of the solids and settlement of additional solids will take place in the existing stormwater retention pond prior to discharge to tide through the overflow structures in the pond. Turbidity will be measured daily when discharging to tide. If the turbidity is measured in the field to be 29 NTUs above background then dewatering activities will cease until measures are taken to reduce the turbidity to less 29 NTUs above background. 4. Identify all wetland or sensitive areas on or adjacent to the project which may be impacted by the project. No water problems are anticipated at the project site or in areas adjacent to the project site. The water-table aquifer will be pumped during dewatering at the proposed development. Adverse impacts to environmentally sensitive areas or adjacent permitted users are not anticipated to occur due to the proposed dewatering activities. No impacts are anticipated from the pumpage during utility installation due to the short duration of the dewatering activities. SECTION E. POLLUTION AND CONTAMINATION 1. Describe and locate all sources of contamination or pollution and the location of the nearest saline water. FirstSearch Technology Corporation (FirstSearch) was contracted by CDM to provide a listing of governmental information pertaining to potential and documented lOE , "f fi.~ . environmental impacts. The agency files queried by FirstSearch and the associated search radii include the following: National Priorities List (NPL) -1 Mile Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) - 0.5 Mile Resource Conservation and Recovery Information System (RCRIS)-Treatment, Storage, or Disposal Facility (TSD) - 0.5 Mile Resource Conservation and Recovery Information System (RCRIS)-Generators (GEN) - 0.25 Mile State Hazardous Waste Sites (SHWS) -1 Mile Solid Waste Landfills (SWL) - 0.5 Mile Leaking Underground Storage Tanks (LUST) - 0.5 Mile Registered Underground Storage Tanks (UST) - 0.25 Mile Emergency Response Notification System (ERNS) - 0.25 Mile The FirstSearch report included many facilities of potential environmental concern within the Gateway Triangle (bounded by Davis Boulevard, Tamiami Trail East, and Commercial Drive), including four LUST sites, three UST sites, five RCRIS generator sites, and two spill sites. Additional sites were identified outside of the Gateway Triangle Area within the radii of the search. The FirstSearch report is available upon request. It is unlikely that the project excavations will encounter any contaminated or hazardous media; however, contractor personnel will monitor soil and groundwater for odors or sheens that would suggest the presence of contamination. If suspected contamination is encountered, the excavation or dewatering activity will cease and the contractor will notify the engineer and county project manager, who will assess the situation. The Gateway Triangle project site is located between approximately 600 feet to the south of the nearest saline water body. Specific excavation areas range in distance from a saline water body from approximately 10 feet from a saline water body, to approximately 2,000 feet from a saline water body. SECTION F. SITE PLANS AND PHASE INVENTORY A plan view map (Item F-1) and profile view schematics (Figure C-24 and C-26) are enclosed as attachments. 10E Tables 10E Item D-1 Gateway Triangle Stormwater Improvements Phase II Proposed Dewatering Sequence Lake Area at Maximum Estimated Control dewatering Excavation Dewatering Elevation Depth (feet Time Source/Cell (acresl NGVDl (davsl Discharae Area Proposed 2.90 Existing Existing Stormwater Retention Pond -5 30-60 Pond with overflow discharge to Expansion 4,27 Proposed tide Existing Stormwater Retention Utilities N/A -5 30-60 Pond with overflow discharge to tide Total < 120 days 10E Table B Gateway Triangle Stormwater Improvements Phase II Description of Surface Water Pumps PUMP NUMBER 1 2 3 MAP DESIGNATION NA NA NA SURFACE WATER SOURCE Utilitv Trench Utilitv Trench Utilitv Trench LOCAL DRAINAGE DISTRICT NA NA NA EXISTING OR PROPOSED Pro Dosed ProDosed ProDosed DATE OF PROPOSED Not Yet Not Yet Not Yet INSTALLATION Determined Determined Determined DATE INSTALLED IF EXISTING NA NA NA PUMP TYPE Centrifugal Centrifugal Centrifugal PUMP CAPACITY (GPM) 2500 2500 2500 PUMP HORSEPOWER 55 55 55 PUMP DIAMETER a-inch a-inch a-inch PUMP INTAKE ELEVATION (NGVD) -5 -5 -5 STATUS Primary Primary Primary PURPOSE Dewaterina Dewaterina Dewaterina TWO-WAY PUMP No No No WATER USE ACCOUNTING Hour Meter Hour Meter Hour Meter METHOD DATE LAST CALIBRATED NA NA NA PLANAR COORDINATES Not known Not known Not known SECTIONfTOWNSHIP/RANGE 11-50S-25E 11-50S-25E 11-50S-25E lOE i~ Figures lOE 034 35 36 31 32 33 01 34 35 36 -I ! , 5 4 3 2 , EN ATE BLVD _._.__-:<f - - I '" 00 I 9 10 11 12 9 11 12 I 14 13 18 17 16 15 14 13 01 -l- oi ---.-""".....- --.. I I 23 24 19 20 1 21 22 23 24 i -~ i 6 27 26 25 i , ; ; _1- __ -- -.." roo "'-r-- -r I I , I 35 i 36 31 32 33 I 36 COLLIER COUNTY , RADIO 0 ' ' ...................... projec .6 4 3 2 SIte 1 ~ DAV m .- ~.,. 1 I 12 I 9 ! 10 11 12 I I I"" I I -r _.. " ,_.._..u._ """"--1-'" I I 14 18 I 17 16 15 14 13 i I 1--- 23 24 20 21 22 23 24 26 25 30 28 27 26 25 """ "'" '-,---- -' ,'" -,1 I i ____ L _ - c' , 36 31 32 35 36 ---+- 5 I 4 , 21--- I _Interstate _ Major Road L _'! STR c=J County N A o 1 2 4 Miles CDM Item B-2 Gateway Triangle Stormwater Improvements Phase" Site Location Map J.UE i ('>4 - M=.c: 'Qla. lDlIlE ElIlC) QI ..c 0 =:D..'O QI..c ClQ. 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I ' J j '_, _ =l!i- -,.,- , ~ ~,' ~~I .4.< !!'.- c :.~ , .~.: ' r'" ~ ~t< t~~' ) '- ~ o T + o , y t- = T c~- ~ ~ ~ o < 10E c& County .~. .-- Adminisln:llive Services llvision Purchasing Email: BrendaBrilhartlalcollieroov.net Telephone; (239) 252-8446 FAX: (239) 252-6697 ADDENDUM Memorandum Date: November 16, 2009 From@ Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum #6 -ITB # 10-5366 - Gateway Triangle Drainage Improvements Phase 2 The following clarification is issued as Addendum #6 identifying the following changes for the referenced bid: The bid due date has been extended until November 20. 2009. If you require additional information please post a question on the eBid site or contact me (contact information above). c: Shane Cox, Project Manager 1 0 E 11' CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Gateway Triangle Drainage Improvements Phase 2 BID NO.1 0-5366 Full Name of Bidder STEVENS & LAYTON, INC. Main Business Address 11260 PALM BEACH BLVD.. FORT MYERS. FL 33905 Place of Business SAME Telephone No. a39-693-1400 Fax No. 239-693-8630 State Contractor's License # r.r.-r.071 R01 State of Florida Certificate of Authority Document Number QB0004069 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. 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C Gl m c os ";:: I- >- os 3l: .s os C) '" '5 '" -0 -0 <( MATERIAL MANUFACTURERS IDE i'l THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: STEVENS & LAYTON. INC. Signature: -.Yf'---- V. EITH DEAN, PRES. , Date: 11-16-09 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Date: GC-P-3 LIST OF MAJOR SUBCONTRACTORS 1 0 E 1f1 THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to removelreplace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. CAST IN PLACE STORM WATER PUMP THOMAS MARINE CONST.-FT MYERS, FL 2. STATION PAVING ST WOOTEN-FT MYERS, FL 3. CURB CURB SYSTEMS-BONITA SPRINGS, FL 4. CABANA CONST.-FT MYERS, JACK AND BORE & DIRECTIONAL DRILLS FL 5. ELECTRICAL EB SIMMONDS-NAPLES, FL Company: STEVE!,S & LAYTON, INC. Signature: ~ ~ / .../ V.vrEITH DEAN, PRES. Date: 11-16-09 GC-P-4 lOE STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. IMMOKALEE ROAD WIDENING TONY GAFFOLI - COLLIER CO. DOT 2. GUNNERY ROAD WIDENING RANDY CERCHIE - LEE CO. DOT 3. CHURCH ROAD CONSTRUCTION RANDY CERCHIE - LEE CO. DOT 4. HICKORY BLVD. WATER MAIN UPGRADE MIKE DICKEY - JOHNSON ENGINEERING 5. THREE OAKeS PKWY-12" FORCE MAIN MIKE DICKEY-JOHNSON ENGINEERING 6. PTNE T~T.AND WEU. 1/8 RAW WATER TOM HENNET.Y - GREATER PINE T~LAND WATER ASSOC. Dated 11-16-09 BY: STEVENS & LAYTON, INC. Jf.dder Uf::~ V. KEITH DEAN, PRES. ~ GC-P-5 10E TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Failure to complete the above may result in the Bid being declared non-responsive. Dated 11-16-09 BY: STEVENS & LAYTON, INC. ~ li,dder 'if!. KEITH DEAN, PRES. GC-P-6 Colter County ~-- - Adrrinislrative Selvioes Division Purchasing lOE Affidavit for Claiming Status as a Local Business Bid #:10-5366 - Gateway Triangle Drainage Improvements Phase 2 (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business o Collier County iii Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County, Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section, Vendor must complete the following information: Year Business Established in DCollier County or [XJ Lee County: 1967 Number of Employees (Including Owner(s) or Corporate Officers): 40 Number of Employees Living in f] Collier County or iii Lee (Including Owner(s) or Corporate Officers): 1R If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: ST~EV NS & LAYTON, INC. Signature: _I~~ v. KITH DEAN, PRES. STATE OF FLORIDA Date: 11-16~o9,. Title: PRESIDENT o COLLIER COUNTY @ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 1 h'l'H ~ ,2009 . I' (JO! ~ ... 1"..,." W~ "'~,~ My CommiSSion Expires: . '.W"". D0497140 "'~OF r.,.f:..f EXI'E,,'::::.: [;..~.::r. .17, 2010 (407) 398.0153 Gr;"~(,"(: ':;,~'" S~":':::e.eom Day of (AFFIX OFFICIAL SEAL) GC-P-7 eoltr County ~ .-- Adninislrative Services Division Purt:hasing lOt fA Immigration Affidavit Certification Bid # :10-5366 Title: Gateway Triangle Drainage Improvements Phase 2 This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted witl) formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals, Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C, Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name STEVENS & LAYTON, INC. Print Name Signature ~EITH DEAN ^ - - FLORIDA LEE Title PRESIDENT Date 11-16-09 STATE OF COUNTY OF The foregoing instrument was signed and acknowledged before me this 16TH day of NOVEMBER 2009,by who has produced as identification. BUFFY RIPPERDAN Printed Notary The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. GC-P-8 Upon notification that its Bid has been awarded, the Successful Bidder will exe~t~E Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid (with the exception below) within two hundred and eighty five (285) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. EXCEPTION: Construction work on the Liberty Bank property (NW corner of intersection of Davis Boulevard and Brookside Drive) to be started within ninety (90) days after Notice To Proceed with construction but in no event later than June 1, 2010, and to be completed within thirty (30) days after starting. Respectfully Submitted: State of FLORIDA County of r 1':1': V. KEITH DEAN , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. V. KEITH DEAN , 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. GC-P-9 (a) Corporation lOE The Bidder is a corporation organized and FLORIDA which operates STEVENS & LAYTON, INC. follows: existing under the laws of the State of under the legal name of , and the full names of its officers are as President v. KEITH DEAN Secretary STEPHANIE K. DEAN Treasurer STEPHANIE K. DEAN Manager The PRESIDENT .'<,;: contracts for the SEPTEMBER 30, 2008 V. KEITH DEAN company by action l~' is authorized to sign construction bids and of its Board of Directors taken mft (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of; (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is >A DATED II. LOOe., , and if .2)I-eAlIA1<: ~In(, legal entity V. ~ Dtan N~me of Bidder (Typed) ~t ...-- ~~re vr e.sldnu- Title 1 ~-iJ~t1JWJ k fJ~ ~ Itne s ;;&:' ~ess ---- BY: GC-P-10 STATE OF FLORIDA COUNTY OF LEE IDE 1 The foregoing instrument was acknowledged before me this 16TH day of NOVEMBER, 2009, by V. KEITH DEAN , as PRESIDENT of STEVENS & LAYTON. INC. , a FLORIDA corporation, on behalf of the corporation. Helm is personally known to me ~ (did not) take an oath. NAME: - My Commission Expires: BUFFY RIPPERDAN (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of FLORIDA C "., " ",v.. """ "s:;, BUFFY RIP gPS . ~l" COMMISSiON 11 00497140 ~",,8 C"?m.ES' Mar 27,2010 -~l'OF'i\t:i.."" , " . (~1) S1';~;.{' ~~ ,'..1'le':\ Notllly SeNlce.com _._"'-,"'....,.---~-"'-.......... GC-P-11 lOr BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Stevens & Layton, Inc. (herein after called the Principal) and Western Surety Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of S:uth D3kota with its principal offices in the city of sioux Falls and authorized to do business in the State of Florida are held and firmly bound unto the Collier County (hereinafter called the Owner), in the full and just sum of Five Percent (5%) of Amount Bid----------- dollars ($ -----------------) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Gateway Triangle Drainage Improvements Phase 2 Bid No. 10-5366 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prornpt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required qertificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $IIDiiJp,?'l'rt of noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 17th day of November , 2009. 2-.'1EVEfY' & LAYTON, INC. BY -J,I' .ft7' WESTERN SUR TY COMPANY Principal (Seal) ay Countersigned Surety (Seal) Jay E. Wo Local Resident Producing Agent GC-P-12 Western Surety Company IDE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Stale of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jay E Woody, Robert Trobec, Wendy L Hingson, S. P. Humenchick, Individually of Fort Myers, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instrumen,ts of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer afthe corporation and all the acts of said Attorney. pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 13th day of March, 2009. WESTERN SURETY COMPANY +:? /~1::niorVicepreSident State of South Dakota County of Minnehaha } 55 On this 13th day of March, 2009, before me personally came Paul T. Brunat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 +~~~~~~~~~~~~~~~~~~~~~~~~+ : D. KRELL : , , $~NOTARY PUBLIC~: .r~SOUTH DAKOTA " , , +~"~""~~~~..~~c,,......~~............. + A1Ld ~PUbliC CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17th day of November 2009 WE STERN SURE TY C O,MP ANY cr ~{:'Is~~ecretary Fonn F4280-09-06 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department IOE BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4, Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit Completed 8. Certificate of Authority to Conduct Business in State of Florida 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 12. The mailing envelope must be sealed and marked with: <:>Bid Number <:>project Name <:>Opening Date 13. The Bid will be mailed or delivered in time to be received no later than the specified ooenina date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET STEVENS & LAYTON, INC. Bi de,V'Name I[ Sign ture & Title Date: NOVEMBER 16. 2009 GC-P-13 1 0 E If Please furnish the following information pertinent to past projects completed that will provide a reference in meeting the Minimum Requirement for this project. 1. Project Name GUNNERY ROAD WIDENING - FROM SR82 to LEE BLVD Project location LEHIGH ACRES, FL, LEE COUNTY Brief description of work performed RECONSTRUCTED 3 MILES OF 4-LANE ROADWAY WITH UTILITIES AND DRAINAGE Contact Name: Address: Phone: Fax No.lE-Mail RANDY CERCHIE 1500 MONROE STREET, FT MYERS, FL 33901 71Q-707-Q71Q 239-479-8520 Owner or Agency LEE COUNTY DOT Architect or Landscape Architect, or Engineering Consultant: PITMAN HARTENSTEIN - GEORGE BRINSON General Contractor (if work performed as a Sub Contractor) STEVENS & LAYTON. INC. Name of General Contractors' project manager and field superintendent DARREN WOODS - PROJECT MGR PAUL HAINES- FIELD SUPERINTENDENT Awarded contract amount and final contract amount $10,929,603 $10,749,548 Explanation of differences between award and final contract amounts, if difference exceeds 10% FINAL CONTRACT WAS LESS Original scheduled project completion date, actual final completion date. JULY 2007 JULY 2007 Minimum Requirements & Customer Reference Listing IOE 2. Project Name CHURCH ROAD CONSTRUCTION Project location HENDRY COUNTY Brief description of work performed BUILT 5 MILES OF 2-LANE ROADWAY WITH DRAINAGE Contact Name: Address: Phone: Fax No.lE-Mail MTKE AVOr,T,TA 10500 BUCKINGHAM ROAD. FORT MYERS, FL 33905 239-338-3302 239-461-5871 Owner or Agency LEE COUNTY SOLID WASTE Architect or Landscape Architect, or Engineering Consultant: ROCK ENTERPRISES, INC. General Contractor <if work performed as a Sub Contractor) STEVENS & LAYTON, INC. Name of General Contractors' project manager and field superintendent KEITH DEAN- PROJECT MGR PAUL HAINES~FIELD SUPER. Awarded contract amount and final contract amount $5.887.925 $6.388.326 Explanation of differences between award and final contract amounts, if difference exceeds 10% ADDED 1 MILE OF EXISTING ROAD RECONSTRUCTION Original scheduled project completion date, actual final completion date, DF,r,. 7007 FER. 700R Minimum Requirements & Customer Reference Listing lOE 3. Project Name IMMOKALEE ROAD 6-LANE WIDENING Project location IMMOKALEE ROAD EAST-OF 951 Brief description of work performed OF ROADWAY DRAINAGE AND UTILITIES FOR 8 MILES Contact Name: Address: Phone: Fax No.lE-Mail STEVE RITTER 267'; HOR~F.~HOF. DRTVl':, ~lllTE 401, NAPLES,FL 34104 239-659-5799 239-659-5771 Owner or Agency COLLIER COUNTY DOT Architect or Landscape Architect, or Engineering Consultant: CH2MHILL - GARY DEL RIO General Contractor (if work performed as a Sub Contractor) APAC SOUTHEAST, INC. Name of General Contractors' project manager and field superintendent ANDY PENNY - BROJECT MGR LARRY WINBUSH - FIELD SUPER. Awarded contract amount and final contract amount $11,583,947 $11,803,161 Explanation of differences between award and final contract amounts, if difference exceeds 10% 2% Original scheduled project completion date, actual final completion date. JUNE 2007 FEB/2009 PROJECT REDESIGNED 'AND EXTENDED Minimum Requirements & Customer Reference Listing IDE 4. Project Name BONITA GRANDE MASTER PUMP STATION AND CONTRACT 2 Project location BONITA SPRINGS. FL LEE COUNTY Brief description of work performed CONSTRUCT A SEWAGE MASTER PUMP STATION AND FORCEMAIN EXPANSION Contact Name: Address: Phone: Fax No.lE-Mail MIKE LIGGINS - BONITA SPRINGS UTILITIES, INC. 11860 E. TERRY STREET, BONITA SPRINGS, FL 34135 ?1.Q_99?_n711 ?~q_qq?_q??7 Owner or Agency BONITA SPRINGS UTILITIES, INC. Architect or Landscape Architect, or Engineering Consultant: JOHNSON ENGINEERING, MIKE DICKEY General Contractor (if work performed as a Sub Contractor) STEVENS & LAYTON, INC. Name of General Contractors' project manager and field superintendent GREG ANDERS - PROJECT MGR TIM' REEVES - FIELD SUPER. Awarded contract amount and final contract amount $2,065,242 $2,110,672 Explanation of differences between award and final contract amounts, if difference exceeds 10% 1% Original scheduled project completion date, actual final completion date. JUNE 2006 JUNE 2006 Minimum Requirements & Customer Reference Listing 10 E l~' THIS COMPLETED FORM SHALL BE SUBMITTED WITH THE BID BY THE PROPOSER AND ANY SUBCONTRACTOR THAT WILL PERFORM 25% OF THE WORK OR MORE, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE COUNTY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE COUNTY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified? License/Certification#/Registration# # Years rr.'-'J;n 7 HHn [,,7 1A. What business are you in? UNDERGROUND UTILITIES 2. What is the last project of this nature that you have completed? SHANGRILA 30" EFFLUENT AND FORCE MAINS - BONITA SPRINGS UTILITIES 3. Have you ever failed to complete any work awarded to you? If so, where and why? NO 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. NEVER 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4.1. LEE COUNTY DOT- RANDY CERCHIE 1500 MONROE STREET, FT MYERS, FL 33901 Bidders Questionnaire Form 239-707-9239 IDE (name) (address) (phone #) 4.2. MIKE DICKEY JOHNSON ENGINEERING-2212 JOHNSON STREET, FT MYERS, FL 33901 (name) (address) 239-334-0046 (phone #) 4.3. ROCK ABOUJAOUDE;:;RtDCK:ENTERPRISES+'l80,N BRIDGE ST, LABELLE. FL 33975 (name) (address) 863-612-0011 (phone #) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) TOTAL DATE OF NAME OF OWNER & CONTRACT COMPLETION PROJECT PHONE # VALUE PER CONTRACT CITY OF PG 941-575-3302 $1708821 3/10 DOWNTOWN DRAINAGE IMPROVEMENTS GPIWA 239-283-1072 $114623 12/09 ST JUDE HARBOR PHASE 1 WATER MAIN IWSD 239-564-6491 $149287 2/10 WATER :LINE IMPROVEMENTS (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? YES %OF COMPLETION TO DATE 65% 95% 10% 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. ELECTRICAL - EB SIMMONDS - 13.8% The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. Bidders Questionnaire Form lOr ".... 8. What equipment do you own that is available for the work? ~'T'R\7F.N~ ~ T.AV'l'nN mJN~ AT.T. RQTTTPMRN'l' Nl?r.F.~~A'RV '1'n r.()MPT RTF. 'l'HT~ PROJECT 9. What equipment will you purchase for the proposed work? NONE 10. What equipment will you rent for the proposed work? NONE 11. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work (Attach Resume). TJ REEVES TCRT'l'H DF.ANt_ TIM REEVES [ 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of Bidders Questionnaire Form IOE " business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is STEVENS & LAYTON. INC. 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). A FLORIDA CORPORATION 12.3 The address of principal place of business is 11260 PALM BEACH BLVD., FORT MYERS, FL 33905 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: V. KEITH DEAN, PRESIDENT STEPHANIE K. DEAN, VICE- PRESIDENT/SEC/TRES. 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. N/A Bidders Questionnaire Form lOr 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. N/A 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). N/A 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. N/A Bidders Questionnaire Form lOr .'1 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. N/A 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. N/A 12.11. Under what conditions does the Bidder request Change Orders. EXTRA WORK REQUESTED OR DIFFERING FIELD CONDITIONS 12.12 You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. VERNON KEITH AND STEPHANIE DEAN Bidders Questionnaire Form IDE WITNESS: IF PARTNERSHIP: Print Name of Firm Signature Print Name Address By: General Partner Print Name WITNESS: ~~t1(1~ I( I2Rlh) Igna ure IF CORPORATION: STEVENS & LAYTON, INC. Print Name of Corporation v. KEITH DEAN. PRESIDENT Print Name Address By: V~ Presiden~ V. KEITH DEAN 11260 PALM BEACH BLVD.. FORT MYERS, FL 33905 ....... (CORPORATE SEAL) Attest: yfupn().11 W V (2.1 fL~J STEPHANIE K. DEAN Secretary Bidders Questionnaire Form Keith Dean RESUME lOE P.O. Box 223 Alva, Florida, 33920 Phone (Jf) 239-693-1400 email: kd@salinc.net OBJECTIVE Provide personal background information for business needs and considerations. Experience/Skills: Business Management - Contract Management - Project Management - Work History - QUALIFICATION PROFILE Oversee Day to Day Business Operations for General Construction Company Provide Human Resource Management Implement and Update Safety Programs Negotiate, Review, and Approve all Contracts Negotiate Bonding and Insurance Plans Negotiate Contracts, Changes to Contracts, and Agreements Direct Project Managers on Purchase Orders, and Sub- Contract Agreements Direct Project Managers, Superintendents, & Job Foreman on Scheduling, Workforce, Equipment & Installation Procedures John H. Woods Construction, Inc. (1974-1988) Laborer on General Construction Projects Carpenter & Mason's Helper on Large Residential and Commercial Projects Estimator and Project Manager Stevens and Layton, Inc. (1988-Present) Pipe Layer and Operator on Utility and Drainage Projects Pipe fitter on Water & Sewer Plant Construction Projects Estimator for General and Utility Construction Projects Project Manager for General, Civil & Road Projects Previous Vice President and General Manager Present - President 1 Education: High School - Woodmont High School Graduated 1978 lOE College - Edison Community College Complete Curriculum for A.A. Degree 1984 University of South Florida Bachelor of Science in Civil Engineering Graduated 1986 Misc. Training - Work Zone Traffic Safety, OSHA Competent Person, OSHA Confmed Space, Class V Fire License, Red Cross Safety, NUCA Competent Person Trainer, NUCA Workplace Safety, DEP Stormwater Management. Professional AssociationslLicenses: Certified Residental Contractor (inactive) Florida - Acquired 1982 Certified General Contractor Florida - Acquired 1983 Fla. Department of Env. Protection Stormwater Management Inspector 2001 National Utility Construction Assoc. Competent Person Trainer SW Florida Utility Contractor Assoc. Board Member since 1992 Past President (2005 & 1997) Past Nominating Committee Chair Past Golf Committee Chair Specification Review Committee Lehigh Pop Warner Football Assoc. Past Flag Football Coordinator Past Board of Directors Past Football Coach Alva Little League Assoc. Past President (4 Terms) Vice President/Board Member Baseball Coach National Youth Sports Coach Assn: Member Lee County Parks Advisory Committee Appointed 2007 to Present FamilylHobbies: Wife Children Stephanie Dean 15 Years Callie 18, Brett & Brandon 13 Hobbies Football, Baseball, Golf, Work 2 RESUME lOE Timothy J. Reeves 4470 Orange River Loop Rd. Ft. Myers, FL 33905 Phone (W) 239-693-1400 Email: tj@salinc.net OBJECTIVE Provide personal background information for business needs and considerations. QUALIFICATION PROFILE Experience/Skills Contract Management - Negotiate Contracts, Changes to Contracts, and Agreements Execute Purchase Orders, and Sub-Contract Agreements Prepare pay application for remittance. Project Management -Coordinate with Superintendent, Job Foreman and Sub- Contractors on scheduling, workforce, f:lquipment & installation procedures. Review all material and construction activities to insure compliance with contract document. Review all pay applications and invoices from material suppliers and subcontractors. Secure all permits. Work History - Guymann Construction, Inc. (1996-1999) Laborer & Lead Pipe Layer on Underground Crew Stevens and Layton, Inc. (1999-Present) Pipe Layer, Operator, and Foreman on Utility and Drainage Projects Foreman on Water Plant Construction Projects Estimator for General and Utility Construction Projects Project Manager for General and Utility Const. Projects Present - Project Manager 1 IDE Education: High School - Riverdale High School Graduated 1996 Misc. Training - Work Zone Traffic Safety(Intermediate), OSHA Competent Person, OSHA Ten Hour Safety,. FDEP Stormwater Management FamilylHobbies: Child Taylor 10 years Hobbies Fishing, Fitness, Sports 2 RESUME IDE ., Tim Reeves 4470 Orange River Loop Rd. Ft. Myers, FL 33905 Phone (W) 239-693-1400 OBJECTIVE Provide personal background information for business needs and considerations. QUALIFICATION PROFILE Experience/Skills Project Management - Supervise construction projects on daily basis. Schedule crews, material, and equipment for utility and roadway construction projects. Coordinate work with owners, owner representatives, and subcontractors. Work History - Ledo Lines, Inc. (1976-1990) Fort Myers, Florida Laborer, pipe layer and operator on utility proj ects. Crew foreman for utility projects Superintendent for utility and sitework projects. Guymann Construction, Inc. (1990-1998) Fort Myers, Florida Crew foreman for utility projects. Stevens and Layton, Inc. (1998-Present) Fort Myers, Florida General Superintendent overseeing all projects. Present - General Superintendent 1 Education: High School - Cypress Lake High School Graduated 1974 Misc. Training - OSHA Competent Person, OSHA Ten Hour Safety, Trench Safety Rescue FamilylHobbies: Wife Children Melissa Reeves TJ Reeves 29 Years Tanner Reeves 25 Years Kelly Reeves 21 Years Hobbies Hunting, Fishing, outdoors IDE 2 ~ c.B. ~IMMONDS U€CT~CAl. INC. lOr EC#0000735 Gateway Triangle Drainage November 2009 November 19, 2009 RE: Gateway Triangle Drainage Improvements Phase 2 ITB 10-5366 We would like to be considered as a qualified bidder on the above project for you. E. B. Simmonds Electrical, Inc. is a state certified licensed contractor (EC0000735) specializing in industrial and commercial electrical work serving Collier County and Southwest Florida since 1982. In addition to having a lot of experience in wells, pump and generator work, we maintain a company owned fleet of utility trucks, service trucks, bucket trucks, crane trucks, trailers, backhoe and trenching equipment as well as a fleet of trailer mounted generators. A complete schedule can provided upon request. E. B. Simmonds Electrical, Inc., fully bonded and insured, has instituted a DBE Affirmative Action Plan, and an EEO Affirmative Action plan, both approved by the State of Florida. We are a drug free company, compliant with a safety program. Attached you will find a sununary of the 3 most recent relevant projects in the past three years. We would be happy to provide you with an extensive list of other projects performed for Collier and Lee County, as well as our commercial customers during the last 15 years. Sincerely, John Harhen ~ c.B. ~IMMOND~ €L~ INC. IDE EC#0000735 Gateway Triangle Drainage November 2009 PROJECT REFERENCES Project Name: Collier County Public Utilities Electric Rehab for Tamiami Wells 6-27 PUED Project No. #71038, CC Contract #06-3997 $750,000.00 2007 Frank Inzano P.E., CCPUED (239) 732-2597 This project consisted of a complete rehabilitation of vaults and well houses throughout the County Tamiami Wells fields. It was designed to integrate to county-wide SCADA system. It included a complete rebuild of the power, control and instrumentation of each well. We were also responsible for coordination of outages when temporary bypass power had to be utilized. This required panel building off site for installation on site, both performed by E. B. Simmonds Electrical Inc. It included a comprehensive grounding and bonding system of towers and control cabinets as well as the installation of antennas and cabling for radio communication. We had to create drawings based on field conditions of existing work and identify each conductor in the field. We secured permitting and coordinated Utilities and Collier County inspections for each site. E.B. Simmonds Electrical Inc. maintains a database of all well field equipment and specifications. Contract Price: Project Date: Contact: c'J!E:) ~. c.B. ~IMMOND~ €lE:CTl>lCAlINC. IDE EC#0000735 Gateway Triangle Drainage November 2009 Collier County Public Utilities Electrical Upgrade Sixteen (16) Lift Stations CC Contract #06-3940 $268,950.00 2006 Frank Inzano, P. E. CCPUED (239) 732-2597 This project consisted of a complete upgrade to the communication system of 16 lift stations at 16 different locations throughout Collier County. Each lift station had its own 3 phase service for various size motors. The project was designed for integration to the county-wide SCADA system The project included the performance of telemetry studies and installation of engineered concrete foundations for the towers. The installation of these towers and antennas' provided a wireless link to the 16 lift stations. It also included the installation of County supplied replacement telemetry cabinets. E.B. Simmonds Electrical replaced entire service laterals and power control panels for each individual lift station as well as replacing all float switches and controls. We secured permitting and coordinated Utilities and Collier County inspections for each site. E.B. Simmonds Electrical Inc. maintains a database of all lift station equipment and specifications. Project Name: Contract Price: Project Date: Contact: k-:; ~' c.B. )IMMOND~ €L€CT~CAl. INC. lOE EC#0000735 Gateway Triangle Drainage November 2009 Contract Price: Project Date: Contact: Collier County Public Utilities SCWRF Redundant Generator Service #1 and #2 $467,859.00 2008 Frank Inzano, P. E. CCPUED (239) 732-2597 Project Name: The project consisted of installation and modification of generator paralleling equipment for 1 Megawatt back up generators. E.B. Simmonds Electrical supplied and installed a third redundant input for a trailer mounted generator to be connected to the system. We were responsible for engineering and fabrication of l600A Cam-Lok Cabinets, which were certified by an outside testing agency. We fabricated Cam-Lok cords and tails, and performed a complete system check. We added concrete encased duct banks and connected them to the existing system. The work also included modifications of concrete 6'x 6' x 6' manholes. High bay lighting was installed in the process room. We secured permits and coordinated plant outages with Florida Power & Light and County Engineers and Collier County inspections. = f. ho r.;!T-' c.B. ~IMMONDS €L€CT~CAl. INC. Gateway Triangle Drainage November 2009 EC#0000735 · Collier County Public Utilities Engineering Department Electrical Upgrades for Fifteen Lift Stations and Sixteen Additional Lift Stations Collier County Contract Amount: $ 198,300.00 and $263,350.00 Contact: Frank Inzano, P. E./ (239) 732-2597 Engineer: RKS Consulting Engineers Contact: Tracy Prokopetz, P.E./ Phone: (239) 481-6775 IOE CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Stevens & Layton ("Contractor") of 11260 Palm Beach Blvd., Fort Myers, FL, 33905, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Gateway Triangle Drainage Improvements Phase 2, Bid No. 10-5366 ("Project"), as said Work is set forth in the Plans and Specifications prepared by HDR, RWA & Stanley, 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. ScoDe 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: Two Million Six Hundred Ninety-Four Thousand Four Hundred Seventy-Three Dollars and Thirty-Five Cents ($2,694,473.35). GC-CA-14 Section 4. Bonds. IDE . A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.frns.treas.gov/c570/ c570.htrnl#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. 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 (with the exception below) within two hundred and eighty five (285) 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 fifteen (15) 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. EXCEPTION: Construction work on the Liberty Bank property (NW corner of intersection of Davis Blvd and Brookside Drive) to be started within ninety (90) days after Notice To Proceed with construction but in no event later than June 1, 2010, and to be completed within thirty (3D) days after starting. GC-CA-15 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, two thousand four hundred and seventy dollars ($2,470.00) 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. lOE C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion GC-CA-16 JOE 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. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by HDR, RWA & Stanley and identified as follows: Gateway Triangle Drainage Improvements Phase 2 as shown on Plan Sheets 1 through 58. Contractor's List of Key Personnel GC-CA-17 JOE 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: R.Shane Cox, Project Manager Collier County Stormwater Management 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252-5792 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: V. Keith Dean, President Stevens & Layton, Inc. 11260 Palm Beach Blvd. Fort Myers, FL 33905 Telephone No.: (239) 693-1400 Fax No.: (239) 693-8630 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-CA-18 IOE 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 Assians. 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. . Governina 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 anyone 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 Aareement. 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. Severabilitv. 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. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. GC-CA-19 1.'1" F ~~'c\) (r" Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC-CA-20 IOE IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Stevens & Layton, Inc. 11260 Palm Beach Blvd. Ji'rfliu.J k.. ()O/{J1) I7IRS WITNESS By: Fort Myers, FL 33905 Lr.~ J V. KEITH DEAN, PRESIDENT Type/Print Name and Title BUFFY RIPPERDAN Type/Print Name Date: \ \ \~ l ~O~O OWNER: ATTEST:'C~~p~". ~b " . ';'., ';::1,.; .,~;'.; . _.-:. ( :: r~.:.': \,~"'. . ,,_, . BY: ". . ... -. -Jj . ~!~'l'~~' ,. .ICIII&. ,.,., (!~.-~. ."..- .\'~i ApprovetY,ll1s ifio)l;l:8rni ,"d Legal S'6' Print Name: t& tP j~L -A5s;",Ic:rAt County Attorney D.ep"';J- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN~ORIDA _ BY: ~ J~ Donna Fiala, Chairman Item # lot ~:da ~~q. ~ I DePuty 1e!1< GC-CA-21 lOE ;1' EXHIBIT A PUBLIC PAYMENT BOND Gateway Triangle Drainage Improvements Phase 2 Bond No. 5e6 5e6 34 Contract No. 10-5366 KNOW ALL MEN BY THESE PRESENTS: That steIkns & Laytm, :roc. liE Palm Be8d1 Ba.il.evartl, Fort Myers, Florida 33S05 and W2Istem SJretv Cl::nprJy Surety, located at 2405 lJ..cim W3y, M3itlarrl, Florida 34751 (Business Address) are held ant;! firml'i.bound to Cbliier ~~ cf ~imers as Obligee in the sum of JW,W-M~f:~:J5Zf~ NJ.rety t= t= ty ($2,694,473.35 ---i for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally_ , as Principal, , as WHEREAS, Principal has entered into a contract dated as of the _ day of 2009, with Obligee for G3.te.ay Trian:Jle Drairage IlTJ=:1vara1ts, Ftase 2 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 fortnalities connected with the Contract or the changes do not affect Sureties obligation under this Bond_ The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants_ IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of fA ~,I:H. 2009, the name of each party being affixed and \hese presents duly signed by its under-signed representative, pursuant to authority of its governing body" GC-CA-A-1 IDE , Signed, sealed and delivered in the presence of: PRINCIPAL SIEVEN3 & LAYKN, IN2. BY: J/~ NAME: =-~beo..h ITS:. . STATE OF Flondct, COUNTY OF Ue_ The foregoing instrument was acknowledged before me this 23t4 day of J)ecembe( 20J2i, by ~~ ,as PresldillE of Sir vtnr~ . , a ....Bill::LdlL corporation, on behalf of the corporation. He/s is personally known to me OR has produced as identification and did (did not) take an oath. ~.tk /J _ _ My Commission Expires: _~tJLP-'-- (Sign r otary NAME: (AFFIX OFFICIAL SEAL) ATTEST: SURETY: ~ aREIY <:rM'!\NY (Printed Name) ?LY)l; TlY"';c:n ~T M.itl,,"rl, Floriffi 32751 (Business Address (Authorized Signatu're) Witnesses to Surety (Printed Name) GC-CA-A-2 IDE OR <: rJ!~, C~~l~ In 0 '1\('1 \Y\ (()~) Witnesses ~, As Attorney i F ct (Attach Pow 0 Attornay) Jay E. W:x:xJy Att:crnEy-In-F3ct ail:J Flori& Resida'lt!'qent (~I 27~"2o (Printed Name) Valenti, 'l'rd:::ecc & W:x:rly 4110 Center Fbint Dri \Ie, SJite 215 Fbrt l1jers, F1ori& 33916 (Business Address) (239) 275-<3226 (Telephone Number) STATE OF F1ori& COUNTY OF L€e The foregoing o"u<,l= ~ Pq.. Notary Public State of Florida R~.~ Wendy L Hingson ~.c ; My Commission 00870744 ~ ~ Expire. OS/23/2013 o,t\: ... instrument was acknowledged before me this 21st day of , 2009, by Jay E. W:x:x:Jy , as of \'Estern &lrety Cl:rr\:anv He/~ is personallv known to me OR has produced as identific:;J!iCl~and who ltilll (did not) " . ./ /' C,//.. ~~'....- / / (S1gn~rr ~ Name: \\ffi:}y L. Il:in:an (Legibly Printed) Attor:l"lEcY- In-Fact Surety, on behalf of Surety. WA take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of: F1cri& Commission No.: IrB70744 GC-CA-A-3 lOE EXHIBIT A PUBLIC PERFORMANCE BOND Gateway Triangle Drainage Improvements Phase 2 Bond No. 586 586 34 Contract No. 10-5366 KNOW ~MEN BY THESE PRESE~T.S: That ~, cr~ , as Pnnclpal, and as S1:eIia1s & Iaytcn, Inc., l"Ab*~ ~~ty ~11 . Surety, ocated at 24:)5 I.ucim vav, Moritlarrl, FIeri&. 32751 (Business Address) are held and firmly bound to CblUer O::unty Eb3rd of O::unty O:nmissimers , as Obligee in the sum of Tho MilUm Six H.rdr:'ed Ninety Five 1h:uean:J Fa.lr' Hurdrerl 'IWenty 'Ihree am .35/100 ($ 2,695,423.35 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2009, with Obligee for Cata.av Tri.arxlle ~ Imxovara1ts Fhase 2 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract o~ 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 spl\lcifications. . GC-CA-A-4 lOE This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of IB:e,t... , 2009, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL SIEVEN5 & I.AY'KN, m:::. By:y;1 ---- NAME: ITS: V k' €-l t-htea..n vrtsl r.:\en I- STATE OF Flonda.. COUNTY OF ~JL The foregoing De.cem IXK ~;+ personally known instrument was acknowledged before me this 23t.f! day of , 2009, by _~_J<tH'h ~ - , as of _me; ~ [:lW""tvh Inr . , a corporation, on behalf of the"Cbrporation. He~ is to me OR has produced as identification and did My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public. State of: Commis . .. ._~" l'iPPPRDAN !\....,. "b'~ 0 .. OD.t97140 .$'~ MY COMMISSION:It . ">.~i fXPIHSs: M:H.27,2010 ~..,. t\.lS . .com OF ~ flo,wn Nat!ll)' SefVlC9 (407}396..:J15 ",~,--.".--.".-~ GC-CA-A-5 lOt:: "" AlTEST: SURETY: \'ESIERiI ErnEIY <D1P~ (Printed Name) 24C6 Lucie1 Woly M3itlan::J, Flond! 32/0,1 (BUSin~ ~rized Signature) (Printed Name) Witnesses as to Surety OR ~ m.(O~ Witnesses ----- ~ \ J. As Attorney i F ct 1 (Attach Powe 0 Attorney) J~ E. W:xx:Jy, In-Fact and Flori& Resid2nt Pgelt (239) 275-<3226 (Printed Name) Vale1ti, Trd:ec & W:xx:Jy 4110 Center FOint !Xi ve, &rite 215 Fbrt ~, Honc13 .i;i;!lb (Business Address) (239) 275-8226 (Telephone Number) STATE OF Florid! COUNTY OF Lee The foregoing instrument Us<:ed:u. , 2009, by of \'Estem &lrety 0:np3ny behalf . of Surely. He/sme N/A was acknowledged before me this 21st day of Jay E. W:xx:Jy , as At1:c!::rley- In-Fact ,a S:1.rt:h D3kot:a Surely, on is oersonally known to.. rne OR .. has produced as identification and who Ifil!tnot) !ake oath. My Commission Expires: ) R"'~' i\,. Notary Public State of Florida . . Wendy L Hingson ~( ,,; My Commission 00870744 ~ ....-)0' fl." Expirea OS/23/2013 ) Name: L. Hin:Js:n (Legibly Printed) Notary Public, State of: Florid! Commission No.: lIl370744 (AFFI)( OFFICIAL SEAL) GC-CA-A-B IDE BOND # 58658634 Surety: Address: Western Surety Company 2405 Lucien Way Maitland, Florida 32751 Phone # 407 -919-3950 This is the front page of the performance/payment bond issued in compliance with Florida Statue Chapter 255.05 Contractor: Stevens & Layton, Inc. Obligee: Collier County BOCC Address: 11260 Palm Beach Boulevard Fort Myers, Florida 33905 Address: 3301 Tamiami Trail E. Naples, Florida 34112 Phone #: 239-693-1400 Phone #: Date Issued: December 21, 2009 Amount: $2,695,423.35 Two Million Six Hundred Ninety Five Thousand Four Hundred Twenty Three and .35/100 Project Description: Gateway Triangle Drainage Improvements, Phase 2 Contract #: 10-5366 Project Address: Legal Description of Property: This is the front page of the bond; all other pages are subsequent regardless of preprinted numbers. Western Surety Company lOE j f POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents. That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jay E Woody, Robert Trobec, Wendy L Hingson, S. P. Humenchick, Individually of Fort Myers, FL, its true and lawful AUomey(s).in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and 10 bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and hy authority of the By-Law printed on the reverse hercoC duly adople(L as indiellted. hy the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has cllused these presents to be signed hy its Senior Vice President and its corporate seal tn be hereto atlixed on this 13th day of March, 2009. ~~ t~;~~~~i\ !:\co '""J: ""}...sl:A""/~ ~~'#;.Dall~'f" WESTERN SURETY COMPANY ~/~~nmrv;"J'reSide'" State of South Dakota County of Minnehaha } " On this 13th day of March, 2009, before me personally came Paul T. l1rutlat, to me known, who, being by me duly sworn. did depose and say: that he resides in the. City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation: that the seal alTixed to the said instrument is such corporate seaL that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to he the act and deed of said corporation. My commission expires November 30, 2012 +~~~~~~~~~~~~~~~~~~~~~~~~+ : D. KRELL : , , :~NOTARY PUBLIC~r .r~SOUTH DAKOTA : , , ...~~~~~~~...~~~~...~~~~...~~~~~ + AfW. ~YPUbl;' CERTIFICATE I, I.. Nelson, Assistant Secretary of WESTERN .sURETY COMPANY do hereby certiry that the Power or ^ttorney hereinabove set r0l1h is slill in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscrihed my name and alTixed the seal of the said corporation this ?l<<l- day of ~~1i......r ::>:n:l ~1:t~_ rq.~~': ~. ~o i~/~"'O""}"~ "'"[co ;'''-J ;!W, .:R: \~\\.!'~A""/i1'" "'~, ..'~'f"$ ~;';.~ WE S T ERN SUR E T Y C O.M P ,\ N Y Form F42HO-OI)-O(, cr ~{~IS~~";ct"'Y Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may aulhorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OOIYYYY) 12/21/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER FAX (239)275-8837 Valenti Trobec & Woody, Inc. 4110 Center Point Drive, Suite 215 Fort Myers, FL 33916 (239)275-8226 INSURED Stevens & Layton, Inc. 11260 Palm Beach Blvd Fort Myers, FL 33905 INSURERS AFFORDING COVERAGE INSURERA, Travelers Indemni ty Company INSURERB. Travelers Property Casualty Co 0 INSURER c. INSURER 0 INSURER E: NAIC# Am 25674 f".nV THE POLICIES OF INSURANCE L1STEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~R D,/:! TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P~k!f.r EXPIRA110N LIMITS GENERAL LIABILITY DT CO-7311B822 PHX-09 03/26/2009 03/26/2010 EACH OCCURRENCE $ 1,000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 I CLAIMS MADE [8] OCCUR MEa EXP (Anyone person) $ 5,000 A X Includes: PERSONAL & ADV INJURY $ 1,000,000 - 2,000,000 GENERAL AGGREGATE , - GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS. COMP/OP AGG , 2,000,000 I POLICY rxl r;C8i n LOC AUTOMOBilE LIABILITY T 810-7311B822 PHX-09 03/26/2009 03/26/2010 COMBINED SINGLE LIMIT X , ANY AUTO (Eaaccident) 1,000,000 - X ALL OWNED AUTOS BODJL Y INJURY , SCHEDULED AUTOS (Per person) B X HIRED AUTOS BeOll Y INJURY X , NON-OWNED AUTOS (Per accident} X Hired Phy Damage PROPERTY DAMAGE (Peraccidenl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT , R ANY AUTO OTHER THAN EA ACC , AUTO ONLY AGG , t:KJESSJUMBRELLA LIABILITY TSMCUP-7311B822Tll-09 03/26/2009 03/26/2010 EACH OCCURRENCE , 5,000 000 X OCCUR 0 CLAIMS MADE AGGREGATE , 5,000,000 B , I::;J DEDUCTIBLE , X RETENTION , lO,OO( , WORKERS COMPENSMlON AND Il;~.;T~I,~, I IOJb'- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT , OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~C:litS~~V~~NS below E.L. DISEASE - POLICY LIMIT , O~ER d . QT660-7319B868TIL-09 03/26/2009 03/26/2010 leased/Rented Equipment n an Marlne B $250,000 anyone item $5,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'For any and all work performed on behalf of Collier County" ~ollier County Board of County Commissioners, Naples, Florida are added as Additional Insureds with respects to General Liability. Umbrella coverage noted above overrides all other ; nsurance 1 imits shown on this certificate. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AG AUTHORIZED REPRESENTATIVE Ja E. Wood ACORD 25 (2001/08) TION 1988 Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, , Fl 34112 , f;.. ,~ IMPORTANT f, I~the l:ertllil~afe'h6Taer is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement t'lon d1;$llertificale does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) lOE Co18!r County ..~.-.. ~ - Vendor Information Substitute W - 9 Form REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION In accordance with the Internal Revenue Service.regulations, Collier County is required to col/ect the fql/owing information for tax reporting purposes from individuals and "ol11panies who do business with the County (including social security numbers if used by the individual qr companyf9r tax reporting purposes). Florida Statute 1J9,Q71 (5) requires that the county. notif~ you in. writing of the re'1son. for "ol/ecting this information, 'f"hich'f"i11 be .used for no other purposethi3P h"reip statecj. .... plei3se COrTIpl"teall .information}hat applies to your busin,,?s and r"iuw yii3e>mailto the i3dd~ess below. Prompt r"turn of inf9rmation will facilitate timeiy payment for goods and services provided to the County. 1. Generallnformation Taxpayer Name " 1.1n , LNC. (as shown on income tax return) Business Name (if different from taxpayer name) Address 11760 l'AT,M Ri<:Ar.H RT.vn . City FORT MYF.RS State FLORIDA Zip 33905 . kd@salinc.net Telephone 239-693-1400 FAX 239-693-8630 Email Order Information: ~ Same as above, Remit I Payment Information: ~ Same as above, or or Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) o Individual I Sole Proprietor xx Corporation o Partnership o Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) o Limited Liability Company Enter the tax classification (D = Disre arded Enti ,C = Co oration, P = Partnershi 3. Taxpayer Identification Number (for tax reporting purposes only) Social Security Number (SSN) - -- OR Federal Tax Identification Number (TiN) 5 9 1 1 7 4 6 o 2 -- ------- 4. Sign and Date Form Certification: Signature Title der penalties qf perjury. I certify that the information shown on this form is correct to my knowledge. f() Date 11_11_nQ VICE-PRESIDENT Phone Number 239-693-1400 Email form to Collier County Purchasing Office Email: PurOps@colliergov.net VendorRequest SubW9 Revised: 12127107 lr . '.,. EXHIBIT B INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage~ shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation. whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. GC-CA-B-1 lOE Should at any time the Vendor not maintain the insurance coverage~ required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage~ and charge the Vendor for such coverage~ purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage~ purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage~ shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. GC-CA-B-2 1. Compensation 2. ~ Employer's Liability 3. ~ Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. ~ Indemnification 4. ~ Automobile Liability Collier County Florida Insurance and Bonding Requirements IDE Limits of Florida Statutes, Statutory Limits and Requirements 440 all Government $1.000.000 single limit per occurrence Bodily Injury and Property Damage $2.000.000 single limit per occurrence To the maximum extent permitted by Florida law, the ContractorNendorl Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. $ 2.000.000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired: Automobile Included 5. 0 Other insurance as 0 Watercraft noted: 6. ~ Bid bond 7. ~ Performance and Payment Bonds $ Per Occurrence D United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence D Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by AM. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. GC-CA-B-3 IDE 8. [gJ Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. [gJ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. [gJ Collier County Board of County Commissioners shall be named as the Certificate Holder and the certificate must read "For any and all work performed on behalf of Collier County. NOTE: The "Certificate" should read as follows: . For any and all work performed on behalf of Collier County. . Collier County Board of County Commissioners, Naples, Florida No County Division, Department or individual name should appear on the Certificate. 11. [gJ Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number GC-CA-B-4 lOE EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER) STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2009 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2009, by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC-CA-C-1 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT IDE (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: = Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _ % after [insert date] $ % % Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER): (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properiy approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 'C " ::> .5 C o o 01- .... a; :;: X W Wo ...1"...1 <<w ....~~ 0<:1: ............ in: W (!) f ?ft. ~ " 1- . ~ ! " " W " ~~ ~~ W " W:I: 0lJ) z- :3~ ~~ ....W z.... WW 0...1 ,,0. w:; 0.0 o 00 ...J~WW c(wo::::l- I-...JO<( 011.....0 t-:EU)O 801!11- o~ ~:$ 0" ....w lJ)!;( :; Ul W ::l ..J ~ LL o W ..J ::l C W J: o Ul . ~ E 0 , <; ~Q z li .... :1:" ~ ....w S 0 2' '0 0 0. . . .. c .. W .... 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D:::t: ~"Cl .. .. ::l > o .- <( .- .. > u .. G> !tD::: .. .. u .. ._ ..c o E > ::l Cz (') , D ~ , () (9 .. G> ~ ::l III C U 0 " ~ ::l .. C U ., .. c .. 0 D S D - :c :E x LU .. 10 D lOE EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: Change Order Description FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ...........................................................$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ...........................................................$ Revised Agreement Amount........................................................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Design Professional Date: Accepted by: Date: Contractor Approved by: Approved by: Date: Department Director Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Director Date: (For use by Owner: Fund Number: ) Cost Center: Object Code: Project GC-CA-E-5 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION lOE OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 IDE The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 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 ,2009 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2009 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2009 OWNER By: Type Name and Title GC-CA-F-2 lOr EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as ,2009 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. explanation. Acknowledgments: By Contractor: If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: GC-CA-G-1 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. lOE 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 GC-CA-H-1 IDE roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. GC-CA-H-2 lOE 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. 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 GC-CA-H-3 lOE and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknOWledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole GC-CA-H-4 JiOE discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 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. GC-CA-H-5 lOE 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 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 GC-CA-H-6 J.OE 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 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS 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; GC-CA-H-7 lOE 8.1.3 personnel; The hours of operation by Contractor's and Sub-Contractor's 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 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this GC-CA-H-8 I'CJE Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty 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 GC-CA-H-9 lOE must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 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. GC-CA-H-10 lOE 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the GC-CA-H-11 1nr- ~,,' ' f l others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall GC-CA-H-12 J.OE be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor 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. GC-CA-H-13 IDE 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being 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 GC-CA-H-14 IDE 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-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. GC-CA-H-15 IOE If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its GC-CA-H-16 lOE recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. GC-CA-H-17 IDE 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, 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 GC-CA-H-18 IDE 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 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. GC-CA-H-19 IDE 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. GC-CA-H-20 IDE 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 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 GC-CA-H-21 IOE 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. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 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; GC-CA-H-22 IDE 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (OS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT 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. GC-CA-H-23 IDE 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 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. GC-CA-H-24 IOE 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general GC-CA-H-25 IOE 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 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs GC-CA-H-26 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 "ijf'r ~ ". J ... '!:~3W ~.'" Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PM IS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them GC-CA-H-27 IDE available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (FA C.) or aboveground 62-762, FAC. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762, FAC. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. GC-CA-H-28 EXHIBIT I JlQJE. SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISNMASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. GC-CA-I-1 IVE EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 lOE EXHIBIT K PERMITS Permits may include, but not limited to the following: 1. SFWMD Dewatering Permit 2. Collier County Building Permit(s) 3. Collier County Right-of-Way Permit 4. (N.P.D.E.S.) Construction General Permit GC-CA-K-1 IOE EXHIBIT L STANDARD DETAILS GC-CA-L-1 lOL EXHIBIT M PLANS AND SPECIFICATIONS Optional Staging Area may be available to bidders without monetary exchange as long as the bidder can come to an agreement with the Community Redevelopment Agency (CRA) with the following: identifying parcels and contractor uses, with requirements to provide hold harmless, additional insurance citing CRA and agrees to return site to original condition at end of use. Approved hauling route(s) Access to and from the project shall be restricted as follows: . Access to and from the Southeast section of the proposed holding pond improvements shall be via Pelton Street to US 41. · Access to and from the Northwest section of the proposed holding pond improvements shall be via Lynwood Way to Lynwood Avenue onto Commercial Drive, and exiting to US 41. · Access to and from construction areas on Lynwood Avenue, Commercial, Kirkwood Avenue and Palm Street shall be off of US 41. The Contractor shall require that all loaded trucks entering or leaving the project site have an effective seal between the tail gate and the box of the truck that prevents dropping or dripping of materials onto streets while in transit. If an adequate seal cannot be maintained, the truck box shall be lined in a manner that accomplishes same or removed from the project. GC-CA-M-1 IDE EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 \4J f- . 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